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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!
  • 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.
  • 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 Custody Client swerved and hit a parked car. Her blood alcohol content was a.30, over 3 times the legal limit.
  • 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.
  • 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 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.
  • 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.
  • Reduced to Misdemeanor DUI Client fell asleep at the wheel, swerved off the highway and hit the vehicle of a woman and she was hurt very badly. Lots of negotiations with the Deputy District Attorney and got this case reduced to a misdemeanor. Client did not do custody. He had a lot of restitution to pay back to cover the young woman’s medical expenses.
  • 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.
  • Drug Court Instead of Prison Represented a client with multiple DUIs. Once he overcame his alcohol addiction he became addicted to pain medication and muscle relaxants. Her was later arrested for a DUI after he hit a parked vehicle. While the District Attorney's Office was testing his blood for drugs, he got in 2 more accidents while driving. I was able to get him Drug Court. Where is a closely supervised 18 month program that will help him achieve sobriety and a lawful lifestyle.

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

  • Andrea did a great job helping me with my child custody, visitation schedule and child support.

    “Andrea did a great job helping me. She got me everything I wanted- I have my girls most of the time and I’m receiving child support. Andrea represented me in court and got me more child support than I was expecting.”

    Oscar

  • It came out far more superior than expected.

    “Andrea did a great job for myself and my case. It came out far more superior than expected. She was very thorough and competent. I appreciate everything she has done for myself and I would recommend her to anyone needing an attorney.”

    Jesse S.

  • She asked the right questions and gave me great advice on a quite complex and complicated question.

    “Andrea called me back in beneath ten minutes. She was very focused on what I told her. She asked the right questions and gave me great advice on a quite complex and complicated question. I can highly recommend her.”

    Simone

  • I couldn’t have asked for a better attorney to help me.

    “First off I have to say Andrea is amazing. I live out of state and Andrea is willing to FaceTime me and give me great legal advice. She is very thorough and just genuinely cares about me and my case and is even willing to help me while on vacation.”

    Ashley O.

  • Attorney Andrea Schneider goes to great lengths for her clients.

    “Attorney Andrea Schneider goes to great lengths for her clients. Professional excellence! Keep up the great work and thank you for caring enough to get my husband started on his journey.”

    Shirley