PC 459.5 misdemeanor
Clearing a shoplifting conviction
Shoplifting only became its own offence in 2014. If your case is older than that, it may be sitting on your record as a burglary — which is a far worse thing to be carrying around.
What makes this charge different
- The offence did not exist before Proposition 47 in 2014 — older conduct was charged as second-degree commercial burglary under PC 459
- A pre-2014 commercial burglary for shoplifting conduct is often reclassifiable to a misdemeanour, which matters more than the dismissal
- It carries the $950 value threshold, so the charging document's alleged value decides what is available
What this charge is
Penal Code 459.5 makes it shoplifting to enter a commercial establishment during business hours intending to steal property worth $950 or less. Proposition 47 created it in 2014 precisely because the previous practice — charging the same conduct as burglary — was producing felony records for people who had taken a jacket.
Felony or misdemeanour?
Shoplifting is a misdemeanour. That is the point of the statute.
Which relief applies
A straightforward shoplifting conviction is dismissed under Penal Code 1203.4 after probation, or 1203.4a where there was none. The more interesting case is the older one.
The thing to watch out for
If your case predates 2014 and is on your record as second-degree commercial burglary, the first job is not a dismissal — it is reclassification under Proposition 47, which can turn that felony into a misdemeanour. On a job application that asks whether you have a felony conviction, that is the difference between yes and no, and no dismissal achieves it.
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.
- 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 $599, all in, with the court filing fee included. What that covers.
Common questions
My record says burglary but it was just shoplifting.
That is the common pre-2014 situation, and it is fixable. Proposition 47 lets you apply to have the conviction designated a misdemeanour, and the dismissal follows afterwards.
Does it matter how much the item was worth?
Yes. The $950 threshold decides whether the offence falls within the shoplifting statute and whether Proposition 47 reaches it. The charging document usually states the value.
Will this stop me working in retail again?
A dismissed conviction may not lawfully be considered by a California employer with five or more employees. Having the court order is what settles it when a background check company is still reporting the old entry.
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.