Clearing an old drug diversion plea with Penal Code 1203.43

This page covers one tool, Penal Code 1203.43, for old drug diversion pleas. It is general information, not legal advice. For every other way to fix an old case, see Ways to fix an old California conviction for immigration purposes.

Why can a finished drug program still hurt my immigration case?

Because immigration law has its own meaning of "conviction."

Before 2018, California's main drug program was called deferred entry of judgment (DEJ). You pleaded guilty or no contest. You did the classes. Then the court dismissed the case. Penal Code 1000.4 told people that finishing DEJ could not be used to deny them any job, benefit or license.

That was true under California law. It was not true for immigration. Federal law counts a guilty or no contest plea plus some kind of penalty or restraint as a conviction, even if the state later dismisses the case. USCIS says a case dismissed after a rehabilitation period still counts (checked October 19, 2026). A drug conviction can cost a green card holder their status and block others from ever getting one.

So many people finished DEJ, believed their record was clean, and later learned it was not.

What does Penal Code 1203.43 do?

It fixes that broken promise. The Legislature declared that the DEJ promise was misinformation for many people, including every noncitizen, because the case could still bring immigration harm. Because of that misinformation, the law says the old plea is invalid (checked October 19, 2026).

If you qualify, the court must, when you ask:

1. let you take back (withdraw) your old guilty or no contest plea,
2. enter a plea of not guilty, and
3. dismiss the case.

This matters for immigration. USCIS says a judgment that is erased because of a legal defect in the case is not a conviction for immigration. A dismissal just for finishing a program, or only to avoid immigration problems, still counts (checked October 19, 2026). Penal Code 1203.43 is built on a legal defect: a plea made because of wrong information.

The law took effect January 1, 2016.

Do I qualify?

You likely qualify if all of these are true:

• You were granted deferred entry of judgment on or after January 1, 1997.
• You did what the program required (the law says you "performed satisfactorily").
• The court then dismissed the charges under Penal Code 1000.3.

You do not qualify under this law if:

• You never pleaded guilty, because you did the newer pretrial diversion. Since January 1, 2018, California drug diversion under Penal Code 1000 requires a not guilty plea, and taking part is not a conviction or an admission of guilt for any purpose. Without a plea, there is usually nothing to withdraw.
• You were in a different kind of program, like a drug court with a guilty plea and probation, or Prop 36 treatment. Those need other tools.
• You did not finish the program and were sentenced. Then look at Penal Code 1473.7.
• Your DEJ was granted before January 1, 1997. Ask a lawyer what options fit.

Not sure what your program was? That is normal. Your record and court file will tell you.

What if the court threw out my old file?

You can still use 1203.43. Courts destroy old files after some years. The law plans for that.

If the court no longer has records of how your case ended, you can sign a declaration under penalty of perjury saying the charges were dismissed after you finished DEJ. The court must presume it is true if you also give the court a copy of your California DOJ criminal record that either:

• shows you finished the DEJ program, or
• is incomplete and shows no final result.

So getting your DOJ record is step one, whether or not the court still has the file.

How do I get my records?

Two places:

1. Your California DOJ record. Request it with Live Scan fingerprints and Form BCIA 8016RR marked "Record Review." The DOJ fee is $25, plus whatever the Live Scan site charges. You can ask the DOJ to waive its $25 fee if you get public benefits or have low or no income. Full steps: How to get a copy of your criminal record in California.
2. The court file. Go to or call the criminal clerk at the court where the case was. Ask for the complaint, the minute orders, and the dismissal. Ask for certified copies if you will need them for immigration.

One caution: the DOJ says a Record Review copy is for your own review and cannot be used for visa or immigration transactions. Use it to plan, then ask your lawyer which official records to send with an immigration filing.

How do I file?

1. Talk to an immigration attorney or DOJ accredited representative first. They can tell you if 1203.43 is the best tool, or if you should also use Penal Code 1473.7. Immigrant Legal Resource Center (ILRC) advises using 1473.7 as well for DEJ cases from 1997 to 2017, so immigration officials have less room to argue.
2. Prepare the motion. You ask the court to let you withdraw the plea and dismiss the case under 1203.43. We did not find a statewide Judicial Council form for 1203.43 when we searched on October 21, 2026. Check the California Courts form finder and ask your clerk. Some courts have a local form: Orange County's petition (revised March 10, 2016) is one example. Where there is no local form, lawyers often use ILRC's model motion. Ask the clerk what your court uses.
3. Attach proof. The DEJ order, the dismissal, or, if records are gone, your declaration and DOJ record.
4. File with the court that handled your case, and send a copy to the prosecutor. The law itself does not mention a fee, a hearing or notice to the district attorney. But courts can set their own rules. Orange County's form, for example, says a copy must be served on the District Attorney or City Attorney who prosecuted the case. Ask your clerk about fees, service and whether a hearing will be set.
5. Get a certified copy of the order once the judge grants it. Keep the original safe. Make extra copies.
6. Check your DOJ record a few months later to make sure it shows the new result.

What does this look like in real life?

Example (fictional). Ana is a green card holder. In 2009 she pleaded guilty to drug possession in Santa Clara County, got deferred entry of judgment, finished the classes, and the case was dismissed. In 2026 she wants to apply for citizenship.

1. She requests her California DOJ record. It shows the 2009 arrest and "DEJ" with a dismissal.
2. She asks the court for the file. The clerk says the old file was destroyed.
3. At a free clinic, an accredited representative says she qualifies for 1203.43 and suggests also asking under 1473.7.
4. She signs a declaration under penalty of perjury that she finished DEJ and the case was dismissed, and attaches her DOJ record. The law says the court must presume her declaration is true.
5. She files with the court, serves the district attorney as the clerk tells her, and gets a certified copy of the signed order.
6. Only after her lawyer reviews the order does she file her N-400, reporting the old case and attaching the order.

Your steps may differ. The order of the steps is the part to copy: record, court file, advice, filing, certified order, then immigration.

What happens after the court grants it?

Your old plea is withdrawn and the case is dismissed under California law. Keep the certified order with your immigration papers.

Then wait for your lawyer's OK before you file for a green card, citizenship, DACA or anything else. Immigration forms ask about arrests and charges, even dismissed ones. Answer every question truthfully and attach the order. The N-400 instructions for citizenship tell applicants to report all offenses, including expunged ones.

If you are a green card holder, ask your lawyer before you travel outside the U.S.

What mistakes should I avoid?

• Thinking a 1203.4 "expungement" is enough. USCIS says an expunged record does not remove the conviction for immigration. 1203.43 is different. Ask for the right one.
• Filing for immigration first, fixing later. Fix the record first when you can.
• Mixing up program types. DEJ, pretrial diversion, drug court and Prop 36 are not the same. Your court papers say which one you had.
• Using a notario. Only an attorney or DOJ accredited representative may give immigration legal advice. See Warning signs of an immigration scam.

Questions people ask

My case was from 2009. Is that too old? No. The law covers DEJ granted on or after January 1, 1997, and has no filing deadline in its text.

Do I need to go to court in person? Maybe not. Penal Code 1203.43 does not say a hearing is required; the court acts when you ask. Some courts still set one. Ask the clerk when you file, and ask whether you or your lawyer must appear.

What does it cost? The law does not set a fee. Ask the clerk. Your DOJ record costs $25 plus the Live Scan fee, and the DOJ can waive its $25 if you have low income. Certified copies of the court order cost extra; each court sets its own copy fee.

I was a first time drug possession case before July 2011. Do I have another option? Possibly. In the Ninth Circuit, which includes California, an older rule can help some first time simple possession cases from before July 14, 2011. USCIS tells its officers to check the date for these cases. Ask a lawyer.

Will this help my DACA? It can help, since a dismissed plea is no longer a conviction. Talk with your lawyer before your next renewal. See Can I get or keep DACA if I have been arrested?

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Lists record clearance and immigration help for people with low income in San Mateo and Santa Clara counties.
• Santa Clara County Public Defender, Reentry Expungement Program: (408) 535-4290, Reentry Resource Center, 151 W. Mission Street, San Jose. For people who meet its income rules and were not sentenced to state prison. Ask whether it handles 1203.43.
• State funded immigration legal help anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• More options: Free or low cost immigration legal help in the Bay Area.

Is there a checklist I can print?

An old promise was broken. The law now lets you fix it. That is worth a few trips to the courthouse.