Can I expunge a charge from 26 years ago?

I have a felony burglary charge on my record from 1984. It has not been an issue but now I need to get it cleaned. Can you expunge a charge from so long ago?
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Answered By: Law Offices of Ramona Hallam
If you are in California and had a first degree burglary charge, under current law you cannot expunge the charge. First degree burglary is a straight felony that cannot be reduced to a misdemeanor (necessary to expunge this). Second degree burglary, on the other hand is a wobbler that can be reduced to a misdemeanor as long as your probation did not include a suspended prison sentence. Once reduced, it may then be expunged. Although there has been little change in the definition of burglary over the years, there may be some slight change that would warrant the court allowing you to expunge even if the charge was considered a first degree crime.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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