Legal Question in Criminal Law in California

273.5(A) is a wobbler and can be reduced to a misdemeanor but first degree burglary cannot be.

Some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed sexual molestation crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction. Talk to your military recruiter to see if expungment will allow you to enlist.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

As I'm sure you've gathered from the other posts, the problem is the first degree (residential) burglary. That is a straight felony and cannot be reduced to a misdemeanor.

In addition, I suggest that you speak to the military recruiter for the branch you want to join. A conviction, even if reduced and expunged will still show up for their checks, and they may not let you in even if it has been reduced, without a waiver.