Bottom line: if your only criminal issue is a single conviction that was dismissed in California under Penal Code 1203.4, you can usually enter Canada. Canada generally treats a 1203.4 dismissal the same way it treats a Canadian record suspension, and that removes the criminal inadmissibility. California is unusual in this respect, because Canada normally does NOT recognize US expungements or dismissals. Here is the part that confuses people. You will also read that a 1203.4 dismissal "is not a true expungement" and that "the conviction still exists." That is true under United States law, but it does NOT change the Canadian result. It helps to keep two separate questions apart: Question 1, does the conviction still exist in US records? Yes, technically it does, a 1203.4 dismissal is not a full erasure. Question 2, does it make you inadmissible to Canada? Generally no, because for admissibility Canada treats the 1203.4 dismissal as equivalent to a record suspension under the Immigration and Refugee Protection Act (IRPA). The US technicality and the Canadian outcome are answers to two different questions, so they are not actually in conflict. The rest of this guide explains who qualifies, the limits (single conviction, officer discretion, more serious offences), and exactly what documents to carry at the border.
What Is a PC 1203.4 Dismissal?
Under California Penal Code section 1203.4, a person who has fulfilled the conditions of probation (or been discharged from probation early) may petition the court to:
- ✓ Withdraw their guilty plea (or plea of nolo contendere)
- ✓ Enter a plea of not guilty
- ✓ Have the case dismissed
The points below are United States limitations. They describe what a 1203.4 dismissal is not under US law, and none of them change the Canadian admissibility outcome explained above:
- ! It is NOT a true expungement, the conviction still appears on your record
- ! The conviction is still "prior-able", it can be used to enhance future sentencing
- ! It does not restore firearm rights in all cases
- ! It does not seal the record from public view
The Canadian Consulate Recognition
The Canadian Consulate General in New York published a US Criminality Assessment Guide that specifically addresses PC 1203.4 dismissals. According to this guide:
A California PC 1203.4 dismissal is regarded as equivalent to a Canadian record suspension (formerly known as a "pardon") under IRPA s.36(3)(b).
This means that a person with only a PC 1203.4 dismissed conviction would not be inadmissible under:
- ✓ IRPA s.36(1)(b), serious criminality for permanent residents
- ✓ IRPA s.36(2)(b), criminality for foreign nationals
This is a significant exception. Most US state expungements and dismissal mechanisms are not recognized as equivalent to a Canadian record suspension.
Critical Nuances and Limitations
The PC 1203.4 exception is powerful but has important limitations:
- !Single conviction only: The recognition applies when PC 1203.4 is your only conviction. Multiple convictions or other criminal history may change the assessment entirely.
- !Officer discretion: Border officers retain discretion to examine the circumstances of the particular offence. A technically eligible 1203.4 dismissal for a very serious offence may still draw scrutiny.
- !California only: This recognition is specific to California's PC 1203.4 mechanism. Other states' expungement, dismissal, or diversion programs are not automatically given the same treatment.
- !Documentation is essential: You must be prepared to prove the 1203.4 dismissal at the border. Without documentation, the officer sees only the original conviction.
Documentation You Should Carry
When travelling to Canada with a PC 1203.4 dismissal, carry the following documentation:
- ✓ Certified copy of the 1203.4 court order , showing the guilty plea was withdrawn and the case dismissed
- ✓ Original court records , showing the conviction, sentence, and probation terms
- ✓ Proof of probation completion , documentation showing all conditions were satisfied
- ✓ California DOJ criminal history , showing current status of the conviction as dismissed
Having this documentation readily available prevents delays at the border. Without it, the officer may see only the original conviction in their database and proceed with an inadmissibility determination.
Not from California? Your Options
If your conviction is from a state other than California, the PC 1203.4 recognition does not apply. However, you still have options:
- ✓ Your state's expungement may be considered a positive factor in applications
- ✓ Deemed Rehabilitation may apply if 10+ years have passed (non-serious offences only)
- ✓ Criminal Rehabilitation applications are available after 5 years
- ✓ TRPs remain available for urgent travel
For a comprehensive look at how other states' expungements are handled, see our expunged record and Canada entry guide.
See How Your PC 1203.4 Case Applies
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View Deep Dives & PricingFrequently Asked Questions
Is a PC 1203.4 dismissal the same as an expungement?+
No. A PC 1203.4 dismissal withdraws the guilty plea and dismisses the case, but it is not a true expungement. The record still exists, and the conviction can still be used as a prior for sentencing purposes. However, for Canadian immigration purposes, the Canadian Consulate in NYC recognizes it as equivalent to a Canadian record suspension.
Do I need to apply for anything in Canada if I have a 1203.4 dismissal?+
If your PC 1203.4 dismissed conviction is your only conviction, and the recognition applies, you should not need to apply for a TRP or Criminal Rehabilitation. However, you should carry documentation of the dismissal when travelling. If there are complicating factors (multiple convictions, very serious offence), you may want to apply for Criminal Rehabilitation for certainty.
Will CBSA officers know about the 1203.4 recognition?+
Not all border officers may be aware of the US Criminality Assessment Guide from the Canadian Consulate in NYC. This is why carrying certified documentation of your 1203.4 dismissal is critical. If an officer is unfamiliar with the policy, your documents allow them to verify and apply it.
I have a 1203.4 dismissal for one conviction but a second unrelated conviction. Does the 1203.4 help?+
The 1203.4 recognition is strongest when it relates to your only conviction. A second conviction, even a minor one, changes the analysis entirely. The dismissed conviction may still be considered in the overall admissibility assessment. In this scenario, consult an immigration lawyer.
Does California PC 1203.4a (for those sentenced to prison) get the same recognition?+
The US Criminality Assessment Guide specifically references PC 1203.4. Whether the related section 1203.4a receives the same treatment is less clear and may depend on the circumstances. If your dismissal was under 1203.4a rather than 1203.4, getting a legal opinion before travelling is recommended.
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This page is based on law and policy published by the Government of Canada.