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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.
  • 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!
  • Custody Granted

    I successfully helped a client have his 15-year old daughter move into his residence. The child’s mother was against him having physical custody at first. After many negotiations, we were able to reach an agreement without having to go to court. We turned the agreement into a court order to officially conclude the case amicably.

  • Custody Maintained

    My client had a difficult time with arranging child custody with his child’s mother. The mother wanted their 12-year old son to start 6th grade at a different middle school than originally planned. The mother also wanted full legal and physical custody of the child, despite this not being a reasonable arrangement. We took the case to court and managed to secure my client everything he wanted out of the child custody arrangement, which included keeping his son at the middle school in his neighborhood.

  • Payments Reduced

    My client has been out-of-work for a while and his ex-wife was self-employed. When attempting to settle a child support agreement, there came many moments of dispute and disagreement in considering incomes and the child’s needs. My client had already been paying child support through the Department of Child Support Services (DCSS). We were able to arrange a hearing and — with the mediator’s help — reach a reasonable resolution that gives my client sufficient time to get back on his feet financially by decreasing his support for a specific time.

  • Divorce Settled

    I represented a client going through a particularly messy divorce. After much negotiation, we were able to reach a fair settlement without having to go to trial.

  • Divorce Finalized Finished a nasty divorce case in less than 6 months, which included the sale of the family home and division of assets and debts with much negotiation needed. Our judgment packet was filed with the Court, had no mistakes (they often find some reason to send paperwork back many times) and the divorce is final.
  • 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.

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

  • I left our appointment feeling empowered and capable of negotiating the divorce and child custody process.

    “She had genuine concern for me and my children at a time where it often felt like nobody was looking out for us. Andrea was also very flexible with scheduling and offered solutions on how to work with my budget.”

    Tori

  • Now thanks to you my daughter and I are living our dreams of being together

    “Can't find enough words to thank you by helping me out with my custody case. When I was giving up you kindly give me advice and asked me to have patience. Now thanks to you my daughter and I are living our dreams of being together.Thank you from the bottom of my heart!”

    Martin

  • The court sided in my favor and I owe this to Andrea.

    “I needed to meet with her and she saw me within a day of calling her. She actually answered the phone and some of my questions while at Disneyland with her kids. She also prepared me for the mediation.”

    Paulina

  • What a huge relief to know that Andrea had my back and would truly be MY champion.

    “She was very quick to respond to any of my questions and gave me just the right amount of support. She made me feel empowered during this divorce journey and helped me see that I could survive this ordeal with her by my side.”

    Dawn

  • She listened carefully to my concerns, provided a great deal of very helpful information and advised me on the best way to organize and proceed with my case.

    “Andrea responded immediately to my request for assistance and set up an appointment within a few days of our first contact. Overall, she was very thorough and professional.”

    Liz