Helping Good People Regain Control of Their Future

When Charged With a Crime

November 2019 eNewsletter Issue no. 36

California Governor Gavin Newsom signed into law AB 1076 last month, groundbreaking legislation that will allow arrest and conviction records for many offenses to be cleared from a person's record without any action or expense on the part of the individual. While existing law already allows for the filing of a petition to clear a person's record, the time and expenses associated with such attempted relief often prevents a person from doing so. By creating an automated system for past arrests and convictions to be cleared, the new law will allow those who are eligible to get a fresh start without going through what can be a long and frustrating legal process, particularly for those who try and represent themselves.

The use of criminal records in employment, housing and education affects millions of people in California. The new law will, in many facets, provide a clean slate regarding the records of many people with certain misdemeanor and low-level felony convictions. The law also provides for non-disclosure of records of convictions that have been dismissed or set aside. While the law will help many individuals, it does not apply in all cases. For example, convictions requiring the defendant to register as a sex offender, and those still serving sentences appear ineligible for automatic relief. There are two caveats to be aware of: first, the prosecutor may still petition to prohibit automatic relief based upon a "threat to public safety"; and second, the law goes into effect on January 1, 2021, and applies only to arrests and convictions on and after that date. Consequently, the true effect of such legislation will not be felt for at least a few years.

December 3 is "Giving Tuesday". In the spirit of gratitude for all our blessings this holiday season, our Firm is proud to announce it will be donating $1,000 to Second Chance, a San Diego based program offering specialized workforce readiness training, sober-living housing, educational programs and support services essential to achieving self-sufficiency.

We are hoping to, at a minimum, have our $1,000 matched for a total gift of $2,000! 

Please donate by clicking here.

Law Office of David P Shapiro

3500 Fifth Ave., Suite 304

San Diego, CA 92103

Phone: 619-295-3555

davidpshapirolaw.com/

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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. David P. Shapiro and Stefano L. Molea are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.