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. Our team 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.

  
  

California may also charge a person with burglary if they can prove one or more of the following statements:

• The value of the stolen property was over $950. This also applies if the person had the intention to steal but wasn't able to.

• 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

• Up to six years in a California state prison

• Up to $10,000 in fines

  
  

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

  
  

Retail Theft

Retail theft involves shoplifting and/or organized retail theft. Essentially, it happens when someone steals products from a store. According to the California Penal Code (Section 496.6), this is called "unlawful deprivation of a retail business opportunity."

If the person possesses shoplifted property valued over $950, they may get charged with a criminal offense. Misdemeanors result in a maximum of one year in jail. Felonies, on the other hand, may get the defendant up to three years there.

Also, defendants may receive sentencing enhancements for returning, selling, or exchanging stolen property, which include from one to four more years in jail. Defendants can also get one additional year for each stolen property valued at $3,000,000.

How to Expunge Burglary Charges in California

Expunging a criminal conviction requires following a few steps, which we'll outline 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 eligible if they:

• Successfully completed probation

• Were convicted but never placed on probation

• Didn't get time in state prison

• Don't have a pending civil litigation arising from the case

  
  

On the other hand, people can't request an expungement if they have an open criminal case or a conviction for a violent, serious, or sex offender crime.

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.

Ensure You Completed Probation

Before moving on with the expungement request, the person should ensure they've completed probation successfully. This also includes paying all fines, fees, and restitution.

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 who want to expunge a felony conviction may have to ask the court to reduce it to a misdemeanor first.

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 our criminal defense lawyer in Sacramento CA. This is because the D.A. may raise an objection to the petition. They 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.

At Goss Law, we have a team of experts ready to help those in Sacramento, California, who need to get their records expunged. Schedule a free consultation today for more information about our services.