If you are in California and had a first degree burglary charge, under current law you cannot expunge the charge. First degree burglary is a straight felony that cannot be reduced to a misdemeanor (necessary to expunge this). Second degree burglary, on the other hand is a wobbler that can be reduced to a misdemeanor as long as your probation did not include a suspended prison sentence. Once reduced, it may then be expunged. Although there has been little change in the definition of burglary over the years, there may be some slight change that would warrant the court allowing you to expunge even if the charge was considered a first degree crime.

Answer Applies to: California
Replied: 8/24/2010

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