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San Diego California Expungements & Prop 47

San Diego California Expungements & Prop 47

So, what are California Prop 47 & Expungements?

Effective November 5, 2014, Proposition 47 (Prop 47, “The Safe Neighborhoods and Schools Act”) has opened a 3 year window to petition to have a wide-range of previous felony offenses reduced to misdemeanors.

Are You Eligible? 

Proposition 47 has already resulted in immediate benefits for many, including: 

  • early release from custody,
  • termination of probation or parole,
  • and the reduction of numerous qualifying felonies to misdemeanors.

If you, a friend, family member or loved one qualify for relief under Proposition 47, you must file a petition seeking relief in the court in which you were sentenced. 

We can be in court seeking relief on your behalf very quickly after you contact us for a free initial consultation. 

LIST OF FELONY CHARGES THAT CAN NOW Be REDUCED to a MISDEMEANOR UNDER PROPOSITION 47(PENAL CODE SECTION 1117.8) 

Penal Code section 1117.8(a) specifically lists Sections 11350, 11357, or 11377 of the Health and
Safety Code, and Sections 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as “those sections have been amended or added by this act.” Numerous additional code sections have been also been affected. While not meant to an exhaustive list, it appears that petitions for relief may be available for the following offenses: 

– H.S. 11350: Possession of a Controlled Substance 

– H.S. 11357: Possession of Concentrated Cannabis 

– H.S. 11377: Possession of a Controlled Substance 

– P.C. 459: Commercial Burglary (If committed during business hours and the value of the item taken was $950 or less, it is now charged as a misdemeanor violation of PC 459.5.) 

– P.C. 459.5: Shoplifting – less than $950 value 

– P.C. 470: Forgery (Including PC 471,472, 475, 476, 484f and 484(i(b) but excluding PC 530.5 identity theft.) 

– P.C. 473: Forgery – less than $950 value 

– P.C. 476(a): Check Fraud or NSF Checks – if the total amount of the checks does not exceed $950 in value 

– P.C. 487 Grand Theft (including PC 484e(a), 484e(a), 484e(b), 484e(d, 484g, 484h, 487a, 487b, 487d, 487h, 487i, 487j and 489.)
-P.C. 490.2: Grand Theft (If the value of the item taken is less than $950 in value) 

– P.C. 496: Receiving Stolen Property (If the value of the item involved is less than $950 in value) 

– P.C. 666: Petty Theft with Prior – (unless the petitioner has 3 or more prior convictions for certain theft offenses) 

Reduce a Drug Possession Prop 47 has reclassified most previous felony drug possession offenses as misdemeanors. If you have an old or new drug possession conviction under Health & Safety Code sections 11350, 11357(a), or 11377, we can file a petition to reduce your 

Reduce a Felony Theft, Fraud, or Forgery ConvictionProp 47 has reclassified most theft, fraud, and forgery offenses for $950 or less as misdemeanors. If you have an old or new conviction under Penal Code sections 459, 470, 471, 472, 473, 475, 476, 476a(b), 484, 484e, 484f, 484g, 484h, 484i(b), 487, 487a, 487b, 487d, 487i, 496(a) Health & Safety Code sections 11350, 11357(a), or 11377, we can file a petition to reduce your conviction to a misdemeanor (and expunge it.) 

San Diego California Expungements & Prop 47 continued:

PROPOSITION 47 EXCLUSIONS

In order to qualify for a sentence reduction, a petitioner must not have been convicted of certain violent or sexual crimes in the past. Those convictions include any felony offense which requires Penal Code 290(c) registration or convictions for felonies listed in Penal Code 667(e)(2)(C), (serious, violent crimes, including any crime punishable by a life sentence, and certain sex and gun crimes. )

If a person currently serving their sentence does not have any disqualifying prior offenses, a judge must still determine whether the person poses an “unreasonable risk of danger to public safety,” which means an unreasonable risk that the petitioner will commit a new violent felony. To make this determination, the court may take into account: 

(1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes.

(2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated.

(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether anew sentence would result in an unreasonable risk of danger to public safety. 

Expungements 

San Diego Expungement.

If you’ve been convicted of a misdemeanor or felony in San Diego County, our law firm can reopen your case and file to expunge your San Diego criminal conviction. We handle everything, from the very start, through the very last hearing, at a flat price you can afford. 

We Can Help You! A successful expungement will improve the rest of your adult life. It’s not something to take lightly or to trust to the lowest bidder. An expungement may help you get a better job.

The San Diego court has its own local rules when it comes to expungements, and uses it’s own special petition. San Diego misdemeanor expungements are handled one way, while felony expungements are handled in a very different way. 

We handle all of San Diego and have experience in all of the local branches, from the Central Courthouse which is downtown to Vista, from El Cajon to Chula Vista. We put our expungement knowledge and experience to work for you. 

A botched expungement wastes your time, and money — but even worse – it can harm your chances for a future expungement. If you’re ready to change your life and escape the mistakes of your past, you owe it to yourself to invest in the best San Diego expungement lawyer you can hire. We believe that is us.

Are you ready to take action?  Time is running out on the 3 year window.  How long do you want to wait?

For specific details about these practice areas or other areas, please contact San Diego Attorney Andrea Schneider at AndreaAttorney@gmail.com or at (619) 518-0476 for your FREE, no obligation consultation.