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Expungements & Prop 47

Expungements & Proposition 47

La Mesa Expungement Lawyer

Having a criminal record can greatly reduce your opportunities in life. Individuals who have a conviction on their record usually find it difficult to get a job, qualify for financial assistance, and file for naturalization. If you have a criminal record, then you may qualify for an expungement, which will effectively remove your record from public record.

As a La Mesa expungement attorney, I can talk to you about your case and whether you may qualify to have your record sealed or expunged. This is a crucial matter, and I am prepared to listen to your concerns and provide honest insight that will help you make an informed decision that is in your best interests.

To discuss expungement, give me a call at (619) 304-8499. I offer a free initial phone consultation to help you get started.

Benefits of Expungement

Individuals who have been granted expungement are given certain protections:

  • The case information, indictment, complaint, or citation is dismissed.
  • Since the charge is dismissed, the guilty verdict is reversed.
  • The conviction cannot be used against the individual in the event of subsequent convictions.
  • Justice enforcement agencies are the only parties able to disclose the information.

Prop 47: The Safe Neighborhoods & Schools Act

When Proposition 47 was implemented, it gave hope to countless individuals who had been charged with felonies. It allowed these individuals to reclassify their conviction as misdemeanors, thus making the convictions less severe with (usually) lower penalties. Proposition 47 has been extended by legislature until at least the year 2022.

Proposition 47 implemented 3 changes, which are as follows:

  • Reclassification of theft and drug possession offenses: Drug and theft offenses that were deemed felonies were reclassified as misdemeanors and new misdemeanors were created. Offenses that were altered include shoplifting, forgery, and petty theft.
  • Resentencing: Under Prop 47, an individual who is serving a sentence for a felony conviction that is now classified as a misdemeanor can petition for resentencing, with some exceptions.
  • Reclassifying convictions: An individual who has completed his or her sentence for a conviction that was classified as a felony but has since been changed to a misdemeanor can apply for a reduction of the charge from a felony to a misdemeanor, with exceptions.

To find out if your conviction can be reclassified as a misdemeanor under Proposition 47, give The Law Offices of Andrea Schneider a call at (619) 304-8499.

Case Results

Take a look at my victories!
  • No Custody Client swerved and hit a parked car. Her blood alcohol content was a.30, over 3 times the legal limit.
  • Custody Granted My client has lived out of state for many years and the father was not allowing her to see her 2 children. After much negotiation we reached a very favorable written agreement an hour before our court hearing, and the Judge made it an order. Mom will now have her kids at her home for 4 weeks in the summer, every other holiday and get to talk with them privately as much as they want to talk. She will get to spend Christmas with her children in her home for the first time in 10 years!
  • No Death Penalty Our client and a co-defendant were accused of murdering 2 elderly people by beating them to death with metal rods. We pled our client not guilty by reason of insanity. He had been in and out of mental hospitals from the time he was 15 years old. The co-defendant was sentenced to the death penalty but we were able to negotiate with the Deputy District Attorney during trial and our client received life without parole instead of the death penalty.
  • Charges Reduced Client was having an affair and got pregnant. In a heightened sense of distress, my client decided it would be best for her and her 4 year old daughter to pass. She gave her liquid drain cleaner thinking she would die peacefully. She was going to then kill herself. Instead, her daughter started choking and coughing. My client snapped out of her emotional state and called for help. My client faced many years in prison. We negotiated with the Deputy District Attorney and she received a few years in prison.
  • No Custody Client got arrested for the first DUI, we resolved it and shortly after he got a second DUI. Residential program instead of custody, and volunteer work instead of public work service.
  • Appeal Our client was sentenced to death for the brutal murder of a young mom and her 4 year old daughter. After reviewing thousands of pages from the trial, interviewing witnesses and family members, we found some issues that had not been previously litigated and were able to get these issues sent to State Court.
  • Dismissed Client was charged with a battery against her husband. He called the police after she threw something and it hit him during a late night argument. She was sentenced to 3 years of informal probation. After 18 months we petitioned the Court to have her probation terminated our request was granted, her probation was terminated early and her case was dismissed.
  • No Actual Custody It was about 4 p.m. and my client had a fight with his wife. He decided to drink 1/2 pint of Vodka and hit the car in front of him and got arrested. He had a .12 blood alcohol content. This arrest was 2 years after a previous DUI conviction. So, he was still on probation. He could have done 90 days to 1 year in custody on this new DUI because of his probation violation. However, he received no actual custody: 96 hours of jail satisfied by CPAC-house arrest, 1 day of Public Service instead of 5, Fines at $50 per month and a no ignition interlock device ordered.
  • No Charges Filed My client slapped her husband after he pushed her and was “handsy” with her. He called the police and she got arrested for battery. He made various statements that were inconsistent and therefore no charges were filed.
  • No Custody Officer smelled alcohol, said she had slurred speech, red eyes and other symptoms of being under the influence. She had a blood alcohol content of .11 and did not pass the Field Sobriety Tests given by the officer. She had a DUI with 2 DUI priors. Her result was no custody, credit for time served when arrested, no public service and instead did volunteer work, fines at $35 per month, no ignition interlock device ordered and a fine reduction of $575 by client agreeing to do a program.

Professional Help When You Need It Most

  • I treat my clients like family, not case numbers. My clients get the personal attention that their case deserves.
  • When you call my office, you get me! You will not be handed off. I live and breathe your case and I will be with you every step of the way.
  • As a mother of two, I understand it is important to do what's best for you and your family. You can trust, I will do just that for you.
  • I truly care about my clients and am here to help them with any legal matter they are facing.
  • I have your best interest at heart and in mind. I will patiently listen to what you want, need and value.
  • We will strategize and develop a game plan that will help you achieve your goals all while staying within your budget.

Hear From Others
I Have Helped

  • Very helpful & very nice

    “The attorney was very helpful & very nice”

    Sam

  • She listened very well, patiently helped me understand my next steps, and provided me with good resources.

    “I consulted with Andrea on my difficult child custody case. She listened very well, patiently helped me understand my next steps, and provided me with good resources.”

    Brian Hansen

  • I would gladly recommend you to any others who may need your help.

    “Thank you for all your help. Your concern and professionalism were evident as you guided him through that very difficult situation. I was very impressed with the respect shown to you by the judge and the fact that he worked with you on the order he issued. I would gladly recommend you to any others who may need your help.”

    Henry

  • Andrea Schneider is a God send.

    “Andrea Schneider is a God send. If you need legal help call her. She replies fast and I couldn’t be more grateful for her help.”

    Ashley

  • I was lucky receive a call from Andrea.

    “I submitted a general inquiry to speak with a lawyer, and was lucky to receive a call from Andrea. She listened, cared, and provided constructive feedback. I would recommend her, as well as consult with her in the future. ”

    E