A burglary conviction in California can be dismissed, reduced to a misdemeanor, or in rare cases sealed outright — which path fits depends on whether the charge was filed as second-degree burglary (a wobbler) or first-degree residential burglary (a straight felony), and whether you served time in state prison.
- Penal Code 1203.4 dismissal is the strongest overall move for a completed-probation burglary conviction in 2026.
- Second-degree burglary is a wobbler — reduce it under PC 17(b) before or alongside the dismissal petition.
- First-degree residential burglary can't be reduced to a misdemeanor; dismissal is usually the only route.
- A Certificate of Rehabilitation helps after dismissal when a licensing board or gun rights issue is still blocked.
- Cole Law, led by attorney Allison Cole, files PC 1203.4, PC 17(b), and combined multi-case petitions across California.
Best overall: Penal Code 1203.4 dismissal. Best for wobbler charges still on the books as a felony: PC 17(b) reduction. Best for lingering license or gun-rights barriers after dismissal: a Certificate of Rehabilitation.
Why this matters
Burglary under Penal Code 459 isn't one offense — it's at least two, with different rules for each. Second-degree (commercial) burglary is a wobbler, meaning a court can treat it as a felony or a misdemeanor. First-degree (residential) burglary is a straight felony with no reduction option.
That distinction changes the entire expungement strategy. Filing a 1203.4 dismissal on a felony that could have been reduced first often leaves someone with a cleaner record than they could have had, and reworking a petition after the fact costs more time in 2026 than doing it in the right order the first time. Cole Law's criminal defense practice handles both steps and knows which order applies to which conviction.
What makes the best approach to expunging a burglary conviction
- Knows the degree of burglary on the record — first-degree and second-degree carry different relief options.
- Sequences the petitions correctly — reduction before or alongside dismissal, not after.
- Explains what dismissal does and doesn't fix — gun rights, immigration status, and licensing disclosures aren't automatically resolved.
- Handles multiple convictions in one coordinated filing when burglary sits alongside other priors.
- Answers fee questions directly before any petition gets filed.
- Stays responsive during court review, since a judge can request supplemental documentation mid-case.
At a glance: relief options for a burglary conviction in 2026
| Pathway | Best for | Standout feature | Key limitation |
|---|---|---|---|
| PC 1203.4 dismissal | Completed-probation convictions | Changes conviction status without erasing the court record | Doesn't automatically restore gun rights |
| PC 17(b) reduction | Wobbler (second-degree) burglary | Formally reclassifies a felony as a misdemeanor | Not available for first-degree burglary |
| Certificate of Rehabilitation | Remaining licensing or registration barriers | Can lead toward a Governor's pardon | Residency and waiting-period requirements apply |
| Multiple-conviction petition | Burglary plus other priors | One coordinated filing across cases | Longer timeline with more court dates |
| Factual innocence petition | Wrongly convicted or dismissed charges | Seals and destroys the arrest record entirely | Very high evidentiary bar to clear |
1. PC 1203.4 dismissal: best overall for a completed-probation burglary conviction
A Penal Code 1203.4 dismissal lets someone who finished probation on a burglary conviction ask the court to withdraw the guilty or no-contest plea and dismiss the case. The conviction still shows up on certain background checks, but the record reflects a dismissal rather than an active conviction for most private employers.
PC 1203.4 dismissal pros:
- Available for both misdemeanor and non-prison felony burglary convictions
- Allows a person to legally state the case was dismissed on most job applications
- Doesn't require a new court appearance in most counties
PC 1203.4 dismissal cons:
- Doesn't restore firearm rights automatically
- Doesn't erase immigration consequences
- Still must be disclosed on applications for state licensing boards and certain government jobs
Best for: anyone who completed probation on a burglary conviction and hasn't had the felony/misdemeanor status resolved yet. Verdict: File now.
2. PC 17(b) reduction: best for wobbler burglary charges still filed as felonies
Second-degree burglary — entering a business or structure during business hours with intent to steal — is a wobbler under California law, meaning it can be charged as either a felony or a misdemeanor. A PC 17(b) petition asks the court to formally reclassify a felony conviction as a misdemeanor going forward.
PC 17(b) reduction pros:
- Officially changes the conviction's classification, not just its treatment
- Often filed alongside or right before a 1203.4 dismissal for a cleaner combined outcome
- Removes many of the collateral consequences tied specifically to felony status
PC 17(b) reduction cons:
- Not available for first-degree residential burglary — that charge is a straight felony
- Doesn't dismiss the case on its own; a separate 1203.4 petition is still needed
- Requires proof probation terms were met without violation
Allison Cole often walks clients through how to reduce a felony burglary charge before filing dismissal paperwork, since the order matters for how the final record reads. Best for: second-degree burglary convictions still classified as felonies. Verdict: File now, then dismiss.
3. Certificate of Rehabilitation: best for barriers that survive dismissal
A Certificate of Rehabilitation is a court order recognizing that someone has been rehabilitated after a felony conviction, including burglary. It can be a required step toward a Governor's pardon and sometimes carries weight with licensing boards that a 1203.4 dismissal alone doesn't satisfy.
Certificate of Rehabilitation pros:
- Can open the door to a Governor's pardon application
- Signals rehabilitation to licensing boards beyond what a dismissal shows
- Covers certain felony convictions a straight dismissal doesn't fully resolve
Certificate of Rehabilitation cons:
- Requires a minimum California residency period before filing
- Not available if the underlying offense carries a registration requirement
- Takes longer than a standard 1203.4 dismissal
For readers considering petitioning for a Certificate of Rehabilitation, this is a second-stage move, not a first step. Best for: people who've already cleared 1203.4 but still hit licensing or registration walls. Verdict: Wait until after dismissal, then file.
4. Multiple-conviction petition: best when burglary sits alongside other priors
A lot of burglary convictions don't stand alone — a theft charge, a probation violation, or an unrelated case from a different county often sits on the same record. A coordinated petition handles all of it through one attorney relationship instead of separate, disconnected filings.
Multiple-conviction petition pros:
- One attorney tracks every case number and county deadline
- Avoids conflicting filings across courts
- Often more cost-efficient than hiring separate counsel per case
Multiple-conviction petition cons:
- More court dates and paperwork overall
- Timeline stretches longer than a single-case dismissal
- Some counties process petitions on different schedules, which can stagger results
Best for: anyone with a burglary conviction plus at least one other case on record. Verdict: Combine and file together.
5. Factual innocence petition: best for wrongful convictions or dismissed charges
A factual innocence petition under Penal Code 851.8 doesn't just dismiss a case — it seals and destroys the arrest record entirely. It's a narrow remedy reserved for situations where the person can show they didn't commit the offense, not simply that the case was resolved favorably.
Factual innocence petition pros:
- Seals and destroys the arrest record, not just the conviction
- The strongest possible outcome available under California law
- Applies even to arrests that never led to formal charges
Factual innocence petition cons:
- Requires proving innocence, a much higher bar than showing rehabilitation
- Rarely applies once someone has pled guilty or no contest
- Takes longer and involves more evidence than a standard dismissal
Best for: burglary arrests that were dismissed, never charged, or resulted in acquittal. Verdict: Rare fit, worth exploring only if the facts support it.
“A PC 1203.4 dismissal doesn't erase a burglary conviction — it changes how the law treats it going forward.”
From attorney Allison Cole: burglary cases often need two steps, not one — reduce the wobbler first, then dismiss it, rather than filing a dismissal on a felony that could have come off the books as a misdemeanor.
How this list was ranked
Each pathway above is ranked by how often it resolves a burglary conviction cleanly, how many convictions it applies to, and how much collateral relief (licensing, gun rights, disclosure requirements) it actually delivers. PC 1203.4 dismissal ranks first because it applies to the widest range of completed-probation burglary cases in California in 2026.
Which option should you choose?
If probation is finished and the burglary conviction hasn't been touched, start with a PC 1203.4 dismissal — and if it's a second-degree wobbler still filed as a felony, pair it with a PC 17(b) reduction. If a licensing board or gun rights issue remains after that, a Certificate of Rehabilitation is the next move, not the first one.
Get your burglary case reviewed
Find out which relief options apply to your record in 2026.
FAQ
What's the best way to expunge a burglary conviction in California?
For most people who completed probation, a Penal Code 1203.4 dismissal is the best starting point in 2026. If the burglary was charged as second-degree (a wobbler) and is still listed as a felony, pair the dismissal with a PC 17(b) reduction.
Is burglary a felony or a misdemeanor in California?
It depends on the degree. First-degree (residential) burglary is always a felony. Second-degree (commercial) burglary is a wobbler, meaning it can be charged or later reduced to a misdemeanor.
Can a felony burglary conviction be expunged if I went to state prison?
Standard PC 1203.4 relief generally requires probation rather than a state prison sentence, though some cases sentenced under California's realignment law may still qualify. A case review is the only way to confirm eligibility.
How is a burglary expungement different from a felony reduction?
A PC 1203.4 dismissal withdraws the plea and dismisses the case; a PC 17(b) reduction changes the conviction's classification from felony to misdemeanor. They solve different problems and are often filed together.
Does expunging a burglary conviction restore my gun rights?
Not automatically. A 1203.4 dismissal doesn't by itself restore firearm rights lost due to a felony conviction, which is a separate legal question from the dismissal itself.
How much does it cost to expunge a burglary conviction in California?
Costs vary by county filing fees and how many convictions are involved, so there's no single statewide figure. A case-specific review is the only reliable way to get a number.
Is expungement the same as sealing a criminal record?
No. A 1203.4 dismissal changes how a conviction is treated but leaves a record of the case; sealing (available in narrower situations like factual innocence) removes the record from public view entirely.
Can I get a burglary conviction expunged if I have other convictions on my record?
Yes, and it's common to handle a burglary conviction alongside other priors in one coordinated set of petitions rather than filing each case separately.
One last thing
Most people file a 1203.4 dismissal on a burglary conviction without ever checking whether the charge was a reducible wobbler in the first place. Second-degree burglary almost always qualifies for a PC 17(b) reduction before dismissal — skipping that step means living with a felony-classified record longer than the law requires.
