Legal Question in Criminal Law in California

You're correct: residential (first degree) burglary is a "straight felony" that cannot be reduced to a misdemeanor. It is also listed as a serious felony in Penal Code �1192.7(c), which makes it a "strike" under the three strikes law. If someone other than your accomplice was in the house, it is also a violent felony under Penal Code �667.5(c).

The "strike" can increase the punishment for any future felony conviction.

It is far too late to challenge a conviction that happened 28 years ago. You can apply to have your conviction dismissed under Penal Code �1203.4, which is sometimes called an "expungement," but does not seal your record. It only adds a notation to the court records that your conviction was dismissed after successful completion of probation.

A dismissal would not restore your gun rights or prevent your conviction from being used as a strike in any future felony prosecution. You would still have to disclose it when applying for government jobs or professional licenses.

I agree with Mr. Marshall's advice. You can only reduce a wobbler and expunge later. Your only remedy would be to petition the Governor for a pardon.

The previous answers are a bit confused. If your felony conviction cannot be reduced to a misdemeanor, then it cannot be expunged. It is too late now to appeal or to petition for a writ of habeas corpus. (Your guilty plea made these remedies unlikely even when you still had time to seek them.) That leaves a pardon as your only remedy. Unfortunately, pardons are very hard to get and the governor is never required to grant one.

You have nothing to lose by trying. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.