Award Recipient
Top 100 Trial Attorneys in the United States
Contact Us for a Free Consultation
San Diego Superior Court, Expungement of H & S 11377(a)
In early 2014, our client, then age 20, was arrested by the Los Angeles Sheriff’s Department, Lennox Station, on suspicion of violating Health & Safety Code § 11377(a), possession of methamphetamine for personal use. Our office had previously represented him on similar charges in the past and for which, he was then on probation, so he called our office and we were retained again.
About six months later, in June, 2014, we were able to resolve the 11377(a) matter, as well as the probation violation. The client entered a no contest plea to a felony violation of Health & Safety Code § 11377(a). The terms of the plea bargain were that the client was sentenced to three years of formal probation on the following terms and conditions: payment of a $275.00 court fine; completion of a six-month residential drug treatment program with “Way Out Sober Living,” serve two days in county jail (less credit for two days) and obey all laws.
While our client was in the residential drug treatment program, on November 1, 2014, Proposition 47 was passed into law. As the reader may be aware, this changed many low level felony drug offenses to misdemeanors and several minor felony theft offenses to misdemeanors as long as the defendant was not personally disqualified based on his or her criminal history otherwise.
Upon completing the “Way Out Sober Living” program, the client moved to San Diego and formal probation was transferred from Los Angeles County to San Diego County.
Due to an administrative error, however, the Los Angeles County Superior Court believed it still had jurisdiction over the case and in late 2014, through clerks, graciously reduced the client’s 11377(a) conviction from a felony to a misdemeanor under Penal Code § 1170.18 (“Prop 47”) and kindly terminated probation early.
Our office was notified of this clerical action and we were puzzled, but we notified the client and his San Diego County probation officer. The probation officer was also puzzled, but more than happy to hear this news and end her duty to supervise our client.
Nine years later, due to pressing employment concerns, the client, now thirty, contacted our office about expungement of the misdemeanor conviction. He and Greg then spoke and our client described his progress in life. He had managed to avoid any new criminal cases, which was good, and he was working as a plumber in San Diego County. He was busy and worked six days per week, but he wanted to change employers to earn more money. He knew that his criminal history was holding him back from being hired at a company that paid more.
Greg then explained what expungement did and did not do. Greg explained that expungement did not erase or remove the record of a case having been filed against our client. In other states, this is what expungement does, but not in California and clients often assume that all states do the same thing.
In California, a petition for dismissal (“expungement”), if granted, results in restoration of the “not guilty” plea as the last plea, replacing the no contest or guilty plea, and dismissal of the case. More importantly, expungement is California gives the petition the legal right to answer “no” to a question of whether the person was convicted in the case, with certain exceptions (applying to operate a California State Lottery, applying for public office, applying for a federal or state job, and applying for a California professional license, i.e., attorney, doctor, real estate broker, etc.).
The client said he understood and hired Greg Hill & Associates to prepare, file, serve and then appear at a hearing on the petition. We filed the petition in the San Diego Superior Court because the case was transferred for probation supervision to San Diego County.
The petition included the judicial council form, but also a short memorandum of points and authorities to inform the judge about the factual basis for the petition. We also include a short declaration from our client, explaining why he requested expungement.
About six months later, in June, 2014, we were able to resolve the 11377(a) matter, as well as the probation violation. The client entered a no contest plea to a felony violation of Health & Safety Code § 11377(a). The terms of the plea bargain were that the client was sentenced to three years of formal probation on the following terms and conditions: payment of a $275.00 court fine; completion of a six-month residential drug treatment program with “Way Out Sober Living,” serve two days in county jail (less credit for two days) and obey all laws.
While our client was in the residential drug treatment program, on November 1, 2014, Proposition 47 was passed into law. As the reader may be aware, this changed many low level felony drug offenses to misdemeanors and several minor felony theft offenses to misdemeanors as long as the defendant was not personally disqualified based on his or her criminal history otherwise.
Upon completing the “Way Out Sober Living” program, the client moved to San Diego and formal probation was transferred from Los Angeles County to San Diego County.
Due to an administrative error, however, the Los Angeles County Superior Court believed it still had jurisdiction over the case and in late 2014, through clerks, graciously reduced the client’s 11377(a) conviction from a felony to a misdemeanor under Penal Code § 1170.18 (“Prop 47”) and kindly terminated probation early.
Our office was notified of this clerical action and we were puzzled, but we notified the client and his San Diego County probation officer. The probation officer was also puzzled, but more than happy to hear this news and end her duty to supervise our client.
Nine years later, due to pressing employment concerns, the client, now thirty, contacted our office about expungement of the misdemeanor conviction. He and Greg then spoke and our client described his progress in life. He had managed to avoid any new criminal cases, which was good, and he was working as a plumber in San Diego County. He was busy and worked six days per week, but he wanted to change employers to earn more money. He knew that his criminal history was holding him back from being hired at a company that paid more.
Greg then explained what expungement did and did not do. Greg explained that expungement did not erase or remove the record of a case having been filed against our client. In other states, this is what expungement does, but not in California and clients often assume that all states do the same thing.
In California, a petition for dismissal (“expungement”), if granted, results in restoration of the “not guilty” plea as the last plea, replacing the no contest or guilty plea, and dismissal of the case. More importantly, expungement is California gives the petition the legal right to answer “no” to a question of whether the person was convicted in the case, with certain exceptions (applying to operate a California State Lottery, applying for public office, applying for a federal or state job, and applying for a California professional license, i.e., attorney, doctor, real estate broker, etc.).
The client said he understood and hired Greg Hill & Associates to prepare, file, serve and then appear at a hearing on the petition. We filed the petition in the San Diego Superior Court because the case was transferred for probation supervision to San Diego County.
The petition included the judicial council form, but also a short memorandum of points and authorities to inform the judge about the factual basis for the petition. We also include a short declaration from our client, explaining why he requested expungement.
The court in San Diego County granted the petition without even a hearing. Our client was very happy with this result.
