PC 459 Wobbler

Clearing a burglary conviction

Burglary is the charge where the degree matters more than anything else. Second degree is often clearable and sometimes reducible. First degree is a serious felony and the honest answer is harder.

What makes this charge different

• Second-degree burglary is a wobbler; first-degree residential burglary is a straight felony and a serious felony
• Shoplifting conduct charged as commercial burglary before 2014 is often reclassifiable under Proposition 47
• A serious felony is excluded from automatic relief entirely, so first-degree cases always need a petition

What this charge is

Penal Code 459 makes it burglary to enter a building with the intent to commit theft or any felony. First degree is burglary of an inhabited dwelling. Second degree is everything else, most commonly a commercial building.

Felony or misdemeanour?

Second-degree burglary is a wobbler and a felony conviction may be reducible under Penal Code 17(b). First-degree residential burglary is a straight felony and cannot be reduced.

Which relief applies

A second-degree conviction with completed probation goes under 1203.4, and the reduction is often worth doing alongside it. If the conduct was shoplifting before Proposition 47 created that offence in 2014, reclassification may be available and is the first thing to look at.

The thing to watch out for

First-degree burglary is a serious felony under California law. That excludes it from automatic relief, and it makes the dismissal a discretionary petition that needs real support. It is not hopeless, but it is not a form-filling exercise, and we will route it to an attorney rather than quoting from a questionnaire.

The law that applies

• Expungement (PC 1203.4) — The court lets you withdraw your plea or sets aside the verdict, then dismisses the case, which releases you from most of the penalties of the conviction.
• Felony reduced to misdemeanour (PC 17(b)) — For an offence that could have been charged as either a felony or a misdemeanour — a wobbler — the court can declare it a misdemeanour for all purposes.
• Proposition 47 reclassification — It lets a person who has completed a sentence for a qualifying felony apply to have the conviction designated a misdemeanour.

Our flat fee for a case like this is $799, all in, with the court filing fee included. What that covers.

Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.