California court disposition codes are the shorthand labels a court enters on a criminal record to show how a case ended: convicted, acquitted, dismissed, diverted, placed on probation, or left open by a failure to appear. The specific code matters because it controls what shows up on a background check, whether the case can be reopened, whether firearm or voting rights are affected, and whether you qualify to clear the record later. Two cases with similar facts can produce very different codes, and the difference often decides what the rest of your record looks like for years afterward.
Convicted or Guilty
A conviction code means a defendant was found legally responsible for a crime through a guilty plea, a no-contest plea, or a verdict at trial. It is the disposition with the longest tail. It stays on the record permanently unless later cleared through one of the relief processes below.
California sorts offenses into three tiers, and the conviction code reflects which one applies.
- Infractions are the least serious. They carry fines but no jail time and generally do not appear on criminal background checks.
- Misdemeanors can result in up to one year in county jail, fines, or both.
- Felonies are the most serious, with potential state prison time, substantial fines, and consequences like losing the right to own firearms or vote while incarcerated.
Some offenses, called “wobblers,” can be charged as either a felony or a misdemeanor. Even after a felony wobbler conviction, the court can reduce it to a misdemeanor when granting probation, or the defendant can petition for reduction later.1California Legislative Information. California Penal Code 17 – Classification of Offenses The reclassification changes the code on the record, which matters for employment and housing.
California’s Three Strikes law adds harsher sentencing for repeat felony offenders. A defendant with one or more prior serious or violent felony convictions faces longer mandatory prison terms, loses probation eligibility, and cannot be diverted to rehabilitation programs.2California Legislative Information. California Penal Code 667 – Sentencing for Prior Serious or Violent Felony Convictions The disposition will reflect whether an enhanced sentence was imposed.
Acquitted or Not Guilty
An acquittal code means the prosecution failed to prove guilt beyond a reasonable doubt and the case ended in the defendant’s favor after a jury or bench trial. It is a finding on the evidence, not a procedural exit. That distinguishes it from a dismissal, which can happen for many reasons before a case reaches a verdict.
Once acquitted, a defendant cannot be retried for the same offense. The Fifth Amendment prohibits placing a person “twice in jeopardy” for the same crime,3Legal Information Institute. Fifth Amendment and the California Constitution independently guarantees the same protection.4Justia Law. California Constitution Article I – Declaration of Rights – Section 15 The acquittal code on the record is the cleanest possible trial outcome for a defendant.
Dismissed
A dismissed code means the case was terminated without a conviction. The code usually indicates whether the dismissal was “with prejudice,” meaning charges can never be refiled, or “without prejudice,” meaning the prosecution could potentially bring them again.
How Dismissals Happen
Judges can dismiss a case in the interest of justice.5California Legislative Information. California Penal Code 1385 – Dismissal of the Action That is a broad power courts use when continuing a prosecution would be fundamentally unfair.
Cases must also be dismissed when the prosecution violates the right to a speedy trial. For felonies, the defendant must be brought to trial within 60 days of arraignment. For misdemeanors, the deadline is 30 days in custody or 45 days out.6California Legislative Information. California Penal Code 1382 – Dismissal of the Action for Want of Prosecution or Otherwise Miss those deadlines without good cause and the court must dismiss.
Defense motions can also force dismissals. A motion to suppress challenges whether police obtained evidence through an illegal search or seizure, and if the court excludes the evidence, the prosecution may have nothing left.7California Legislative Information. California Penal Code 1538.5 – Motion to Return Property or Suppress Evidence A motion to set aside the charges can succeed if the defendant was held for trial without sufficient evidence of probable cause.8California Legislative Information. California Penal Code 995 – Setting Aside the Indictment or Information
When Refiling Is Still Possible
A dismissal without prejudice leaves the door open, but the original statute of limitations still runs. For most felonies that is three years from the offense; for misdemeanors, one year; for crimes like murder, there is no limit. Time that passed before the original filing and after the dismissal counts against the deadline, so delays often work in the defendant’s favor. If the case was dismissed during trial after jeopardy attached, double jeopardy may bar refiling altogether.
Diversion
A diversion code means the court paused the criminal case and redirected the defendant into a treatment or compliance program instead of proceeding to trial. If the defendant completes the program, the charges are dismissed and no conviction is recorded. On paper, the end result looks like the case never happened. California offers several diversion tracks.
Drug Diversion
Drug diversion under Penal Code 1000 applies to certain nonviolent drug offenses like simple possession. Since 2018, it operates as a pretrial diversion, meaning no guilty plea is required before entering treatment.9California Legislative Information. California Penal Code 1000 – Special Proceedings in Narcotics and Drug Abuse Cases The defendant cannot have a drug conviction within the past five years, the offense cannot involve violence, and the charge must involve personal use rather than sales. Complete the program and charges are dismissed. Fail it and the case resumes.
Misdemeanor Diversion
Judges can divert most misdemeanor cases under Penal Code 1001.95, even over the prosecutor’s objection. The court can pause the case for up to 24 months and impose conditions like counseling, restitution, community service, or staying out of trouble. Completion means dismissal.10California Legislative Information. California Penal Code 1001.95 – Misdemeanor Diversion Domestic violence, stalking, and crimes requiring sex offender registration are excluded.
Mental Health Diversion
Defendants with a qualifying mental health condition can be diverted into treatment for up to two years under Penal Code 1001.36. Eligible diagnoses include bipolar disorder, schizophrenia, and PTSD; antisocial personality disorder and pedophilia are excluded. The defendant must show the condition was a significant factor in the charged offense.11California Legislative Information. California Penal Code 1001.36 – Pretrial Diversion for Mental Health Treatment It covers felonies and misdemeanors, but excludes murder, rape, and continuous sexual abuse of a child. Successful completion results in dismissed charges and the ability to seal the arrest record.
Military Diversion
Current and former military members suffering from service-related conditions like PTSD, traumatic brain injury, or substance abuse can qualify for military diversion under Penal Code 1001.80. It covers misdemeanors and felonies, though certain serious felonies, including murder, rape, and felony DUI, are excluded.12California Legislative Information. California Penal Code 1001.80 – Military Diversion Upon completion, charges are dismissed and the arrest is treated as though it never occurred. The arrest must still be disclosed when applying for a job as a peace officer.
Probation
A probation code means the defendant was convicted but allowed to serve the sentence under supervision in the community. There are two forms:
- Informal, or summary, probation is used for misdemeanors. The defendant follows court-ordered conditions but does not report to a probation officer. For most misdemeanors, the maximum term is one year.13California Legislative Information. California Penal Code 1203 – Probation and Conditional Sentence
- Formal probation is used for felonies. A probation officer actively supervises, and conditions can include drug testing, employment requirements, and regular check-ins. For most felonies the maximum term is two years.14California Legislative Information. California Penal Code 1203.1 – The Judgment
Those caps come from AB 1950. Some offenses carry their own statutory probation lengths that override the general limits, so the one-year and two-year caps do not apply universally. Violating probation can trigger a revocation hearing. If the court revokes probation, it can impose the original jail or prison sentence that was suspended, and even a minor violation like a missed check-in can start that process.
Warrant or Failure to Appear
A failure-to-appear code means the defendant missed a required court date, which triggers a bench warrant. The seriousness of the new charge depends on the underlying case.
If the defendant was released on their own recognizance and the original charge was a misdemeanor, the failure to appear is itself a misdemeanor. If the original was a felony, the failure to appear becomes a separate felony, with a potential fine up to $5,000 and up to one year in county jail or state prison time.15California Legislative Information. California Penal Code 1320 – Failure to Appear A defendant released on bail who skips a felony court date faces a felony with fines up to $10,000.16California Legislative Information. California Penal Code 1320.5 – Failure to Appear on Bail
The court will also declare bail forfeited if the defendant fails to show up for arraignment, trial, judgment, or any other required appearance.17California Legislative Information. California Penal Code 1305 – Forfeiture of the Undertaking of Bail or of the Deposit of Money For traffic and infraction cases, the court can impose a $100 civil assessment on top of the original fine. The warrant stays active until the defendant is arrested or voluntarily appears. In some cases, a defendant can have the warrant recalled and quashed by showing up and providing a legitimate reason for the absence, such as a medical emergency. Until then, the warrant and failure-to-appear code remain visible on background checks.
Codes That Change After Record Relief
Several California statutes change a disposition code after the fact. A common misconception is that California has “expungement.” It does not, strictly speaking. What people call expungement is actually a dismissal of the conviction, which updates the record but does not erase it.
Dismissal Under Penal Code 1203.4
After completing probation, a defendant can petition to withdraw a guilty or no-contest plea and have the conviction dismissed. If the conviction followed a trial, the court sets aside the guilty verdict. Either way, the code changes to a dismissal.18California Legislative Information. California Penal Code 1203.4 – Relief After Completion of Probation The relief has limits. The dismissed conviction can still be used as a prior in future criminal cases, and the person must still disclose it when applying for public office, a state or local license, or a contract with the California State Lottery Commission. Convictions requiring sex offender registration are not eligible, and firearm rights are not restored.
Sealing Arrest Records
If you were arrested but never convicted, you can petition to seal the arrest record under Penal Code 851.91. You qualify if the statute of limitations expired without charges, if charges were filed but dismissed with no ability to refile, or if you were acquitted.19California Legislative Information. California Penal Code 851.91 – Petition to Seal Arrest Records Penal Code 851.87 covers the narrower situation where a person completed a prefiling diversion program run by the prosecutor and was never formally charged.20California Legislative Information. California Penal Code 851.87 – Petition to Seal Arrest Records Following Prefiling Diversion Sealed records are hidden from most employer background checks, but law enforcement and certain government agencies retain access, and the arrest must still be disclosed when applying to be a peace officer or for certain state licenses.
Juvenile records are handled separately. Under Welfare and Institutions Code 781, a person can petition to seal juvenile court records five or more years after the juvenile court’s jurisdiction ended, or at any time after turning 18.21California Legislative Information. California Welfare and Institutions Code 781 – Sealing of Records
Automatic Record Relief
Since October 2024, the California Department of Justice has been reviewing records statewide and automatically granting relief to eligible individuals without requiring a petition. Under Penal Code 1203.425, the department identifies people who completed probation without revocation, or who were convicted of a misdemeanor or infraction and have completed their sentence with at least one year elapsed. For felony convictions, automatic relief requires completing all terms of incarceration, supervision, and parole, plus four years with no new felony conviction.22California Legislative Information. California Penal Code 1203.425 – Automatic Conviction Record Relief Serious or violent felonies and convictions requiring sex offender registration are not eligible. For everyone else who qualifies, the conviction is dismissed and the code updated with no action required.
Proposition 47 Reclassification
Proposition 47, passed in 2014, reclassified certain drug possession and theft offenses from felonies to misdemeanors. Under Penal Code 1170.18, anyone convicted of an eligible felony before November 2014 can petition to reduce it. Eligible offenses include simple drug possession and theft of $950 or less. The original filing deadline was removed in 2023, so petitions can still be filed.23California Courts. Record Cleaning – Felony Convictions and Proposition 47 People with prior sex offense registrations or “super strike” convictions do not qualify.
Why the Code Matters on a Background Check
For most people reading their own record, employment is the practical concern. California’s Fair Chance Act restricts how employers with five or more employees can use criminal history. Employers cannot ask about convictions on an application or consider them until after a conditional job offer.24California Legislative Information. California Government Code 12952 – Fair Chance Act
Even after the offer, certain disposition codes are off-limits to the employer entirely: arrests that did not lead to conviction, participation in a diversion program, and convictions that have been sealed, dismissed, or granted relief under statutes like Penal Code 1203.4. The specific code is what tells the background check company whether a case is legally usable. A “dismissed” code following diversion or 1203.4 relief signals that the employer cannot hold the case against the applicant. If an employer still decides to withdraw a conditional offer based on a conviction that is legally accessible, they must do an individualized assessment and give the applicant written notice and a chance to respond before any final decision.