The NIV translation gives a clearer explanation of the meaning. Verse 3 relates to verse 2 where a thief who breaks in at night is caught, and if the thief is struck so that he dies, then there is no bloodguilt on the defender of the property. If it happens after sunrise and the thief is struck so that he dies, then the defender of the property is guilty of bloodshed. That is because the law provides for the restitution of stolen property, “but if he has nothing, he must be sold to pay for his theft.”
Kill the thief during daylight hours, when he can be identified, then there is no restitution possible.
It’s not that the ESV translation is wrong – it simply isn’t as clear.
Having said that, the ESV runs more true to the New King James translation which shows additional English words in italics:
Exodus 22:3 New King James Version: If the sun has risen on him, there shall be guilt for his bloodshed. He should make full restitution; if he has nothing, then he shall be sold for his theft.
I'm not sure if that answers your question to your satisfaction, but I'm struggling to spot any subtle nuances between the ESV and the NIV.