How to Expunge Burglary Charge in CA

Burglaries are a common offense in California. According to Statista, there were 347.4 occurrences per 100,000 people in 2023. Although California isn't the state with the highest burglary rates, it still has a considerable number.

Getting charged with burglary can cause many problems for a person, particularly in the future. Having such an offense in a California criminal record can hurt the person's opportunity to find housing or professional opportunities.

According to California law, however, some people may expunge their burglary charge if they meet certain requirements. Below is all you need to know on how to expunge burglary charge in CA. Goss Law also has insight on how to expunge underage drinking charge in CA.

What Constitutes a Burglary Charge?

In California, you can find the definition of burglary in the Penal Code 459 PC. It states that a person commits a burglary when they enter a property or vehicle intending to commit a felony or a theft.

More specifically, when someone gets charged with burglary, the state has the responsibility to prove the following elements:

• The person entered a building, locked vehicle, room within a building, or structure.
• At the time of entering the property, the person intended to commit a felony (which may include a wobbler crime) or a theft.

Under Penal Code 459.5 (part of Proposition 47), entering an open store during business hours intending to steal property worth $950 or less is shoplifting, not burglary. Shoplifting is usually a misdemeanor. Burglary can still be charged when:

• The value of the property the person intended to steal was over $950.
• The structure that the person entered wasn't a commercial establishment.
• The structure was a commercial establishment, but the person entered it outside business hours.

Keep in mind that you can be guilty of burglary as soon as you enter the property with the intention to steal or commit a felony. Even if you don't succeed, you can still be charged.

Evaluating the Penalties of Burglary in California

Defendants can expect different outcomes for burglary, depending on the severity of the offense. Here's a breakdown of the most common scenarios:

First-degree Burglary

Also known as "residential burgling," first-degree burglary will result in a felony conviction. Punishment for this felony offense includes:

• Felony probation, though only in unusual cases (Penal Code 462 generally bars probation for residential burglary)
• Up to six years in a California state prison
• Up to $10,000 in fines

First-degree burglary is also a serious felony, which means it counts as a strike under California's Three Strikes law. If someone other than an accomplice was present in the home, it is also a violent felony.

Second-degree Burglary

Second-degree burglary is also known as "commercial burgling," and it constitutes a wobbler offense. In other words, it means that the burglary may be either a felony or a misdemeanor.

Usually, the D.A. will ask for a felony conviction when the defendant has a prior conviction.

In cases of a felony conviction, the punishment includes:

• Felony probation
• Up to three years in county jail
• Up to $10,000 in fines

On the other hand, misdemeanors may result in the following punishment:

• Summary probation
• Up to one year in county jail
• Up to $1,000 in fines

How to Expunge Burglary Charges in California

Expunging a criminal conviction requires following a few steps, outlined below:

Determine Eligibility

California's Penal Code 1203.4 PC states that certain people can expunge their criminal charges from their records. Essentially, an expungement releases a person from "virtually all penalties and disabilities" of a felony/misdemeanor conviction.

The main thing to know is that not everyone can file for an expungement. People are generally eligible if they:

• Successfully completed probation (or the court ended it early)
• Were convicted but never placed on probation, and one year has passed since the judgment
• Aren't on probation for, charged with, or serving a sentence for another offense

People who served time in county jail or state prison may be eligible under Penal Code 1203.41 or 1203.42 instead.

Serious and violent felonies, including first-degree burglary, are not excluded from 1203.4. A residential burglary that got probation can be dismissed. Only specific offenses are excluded, such as certain sex offenses, child pornography offenses (Penal Code 311.1, 311.2, 311.3, and 311.11), Vehicle Code 42002.1, and infractions. Even when a person isn't automatically eligible, the court can grant relief in the interest of justice.

Another important thing to note is that, under Proposition 47, some people can get their felony convictions reduced to a misdemeanor if the value of the stolen property doesn't exceed $950. The deadline to apply passed in November 2022, so a late application needs good cause.

Ensure You Completed Probation

Before moving on with the expungement request, the person should ensure they've completed probation successfully. Unpaid restitution or restitution fines can't be the reason the court denies the request.

The person must also ensure they're not facing other criminal charges at the time of getting their conviction dismissed.

Those who are still on probation can ask for an early termination under the PC Section 1203.3.

File a Petition for Expungement

The next step is to get legal counsel and file a "Petition for Dismissal" with the court that handled the person's case. Those with a felony wobbler conviction can also ask the court to reduce it to a misdemeanor (Penal Code 17(b)), but that step is optional.

In the petition, the person can include documentation that supports the claim, such as character references, records of volunteer work, or proof that they completed their sentence terms.

When filing the petition, the person may have to pay a fee. After receiving the petition, the court may set a hearing date, which they can attend with their attorney.

Attend a Hearing

Not all courts will require the person to be present for their expungement hearing. However, if their presence is necessary, it's crucial to get preparation help from a criminal defense lawyer in Sacramento CA. This is because the D.A. may raise an objection to the petition. Goss Law can also advise on how to expunge shoplifting charge in CA.

Waiting for a Decision

After the hearing, the judge will consider all the available evidence to see if they follow through with the expungement process.

If the person gets their petition granted, the California Superior Court Judge will send them a signed order. By this point, the conviction is dismissed, and it won't appear on most background checks, with the exception of certain legal scenarios.

Are There Any Alternatives to Consider?

What if an expungement isn't an option? The person may request a Certificate of Rehabilitation or a Sealing of Arrest Records.

Bottom Line

Getting your record expunged goes beyond sealing records from the public eye. It's also about paving the way to better professional, personal, and financial opportunities in the future.

While this legal process can become overwhelming, it's possible to manage it seamlessly with the help of a professional.

Attorney Blair Goss helps people in Sacramento, California, who need to get their records expunged. Schedule a free consultation today for more information.