Legal Question in Criminal Law in California

It sounds like you are talking about two things here: dismissal under Penal Code �1203.4, and reducing a felony to a misdemeanor under Penal Code �17.

If a defendant is sentenced to state prison, the felony conviction cannot be reduced to a misdemeanor. This applies even if the execution of the prison sentence is suspended (sometimes called a "joint suspension"). It sounds like that's what you mean by "deferred" prison time, so you would not be eligible for dismissal.

It also sounds like the commissioner granted a Penal Code �1203.4 dismissal, which is the same thing as a so-called expungement. As you have found, it doesn't really do much.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.