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Airport Court, Petition to Seal Vandalism Arrest Report
In November, 2022, the Los Angeles Sheriff’s Department, West Hollywood Division, arrested our client for allegedly violating Penal Code § 594(a), also known as “Vandalism,” as a misdemeanor.
Our client had punched the rear left window of a car, breaking the window. Immediately before this, the driver of the car cut our client’s car off and then slammed on his brakes in front of him, apparently to annoy our client for driving too slowly. At the time, our client, from San Diego, was looking for a street address for a restaurant and was with his girlfriend.
In response to this other driver’s aggressive driving, our client exited his vehicle at a red light and punched the victim’s car window. A police officer arrived on the scene almost immediately and arrested our client.
After being released from the West Hollywood station, Los Angeles Sheriff’s Department jail, the client returned to San Diego. A few days later, he called Greg Hill & Associates and explained the facts. Greg explained how he thought the case would proceed in court, judicial diversion and sealing the arrest report and court file later. The client retained Greg Hill & Associates.
A case was then filed again our client for vandalism in the Airport Courthouse. Greg Hill requested that the judge place our client on judicial diversion and the judge did so in February of 2023.
The term of diversion was for one year with obligations for the client to: 1) pay $966.06 to the victim for the expenses he incurred in replacing his broken car window; 2) perform two days of community labor; 3) attend 26 anger management classes; and 4) obey all laws.
Our client performed all affirmative obligations of judicial diversion before the first progress hearing on such obligations and on August 10, 2023 and the judge graciously ended judicial diversion early and dismissed the case under Penal Code § 1385.
Since there was no felony charge alleged in the complaint, further prosecution of the misdemeanor was barred under Penal Code § 1387 (the “One Dismissal” rule for misdemeanors).
Our client then retained our office to file, serve and appear on a hearing for sealing the police report and court file under Penal Code §§ 851.91 and 851.92. Penal Code § 851.91(a) states, “a person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as described in Section 851.92.” Here, according to the court docket, our client suffered an arrest that did not result in a conviction when the judge dismissed the Complaint against him.
Our client wanted to move forward with his life. However, the stigma of the arrest and a criminal case history for violation of Penal Code § 594(a) could bar him from even applying for new job opportunities because he knew no one with a criminal history of any sort would be hired. He did not want this record to ruin his goals and livelihood, especially when no conviction resulted. This blemish on his otherwise spotless record could have a devastating impact on his professional life.
Our client was employed as a public works supervisor for the Transportation Department of a large city. He had been in the position for the past fourteen years. His employment helped support himself, his young son and family (elderly parents, unemployed sister, young niece, and young nephew).
Our client also held a Qualified Applicators License from the State of California. However, he knew it would be difficult, if not impossible, with this record to continue to have his license active. This is having a crippling impact on the healing of his personal life.
Our client wanted to put this dark shadow of this arrest and criminal case in his past out of public view, as sealing would accomplish, and not live with the stigma of this and in fear of the consequences of this mistake.
Our client had punched the rear left window of a car, breaking the window. Immediately before this, the driver of the car cut our client’s car off and then slammed on his brakes in front of him, apparently to annoy our client for driving too slowly. At the time, our client, from San Diego, was looking for a street address for a restaurant and was with his girlfriend.
In response to this other driver’s aggressive driving, our client exited his vehicle at a red light and punched the victim’s car window. A police officer arrived on the scene almost immediately and arrested our client.
After being released from the West Hollywood station, Los Angeles Sheriff’s Department jail, the client returned to San Diego. A few days later, he called Greg Hill & Associates and explained the facts. Greg explained how he thought the case would proceed in court, judicial diversion and sealing the arrest report and court file later. The client retained Greg Hill & Associates.
A case was then filed again our client for vandalism in the Airport Courthouse. Greg Hill requested that the judge place our client on judicial diversion and the judge did so in February of 2023.
The term of diversion was for one year with obligations for the client to: 1) pay $966.06 to the victim for the expenses he incurred in replacing his broken car window; 2) perform two days of community labor; 3) attend 26 anger management classes; and 4) obey all laws.
Our client performed all affirmative obligations of judicial diversion before the first progress hearing on such obligations and on August 10, 2023 and the judge graciously ended judicial diversion early and dismissed the case under Penal Code § 1385.
Since there was no felony charge alleged in the complaint, further prosecution of the misdemeanor was barred under Penal Code § 1387 (the “One Dismissal” rule for misdemeanors).
Our client then retained our office to file, serve and appear on a hearing for sealing the police report and court file under Penal Code §§ 851.91 and 851.92. Penal Code § 851.91(a) states, “a person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as described in Section 851.92.” Here, according to the court docket, our client suffered an arrest that did not result in a conviction when the judge dismissed the Complaint against him.
Our client wanted to move forward with his life. However, the stigma of the arrest and a criminal case history for violation of Penal Code § 594(a) could bar him from even applying for new job opportunities because he knew no one with a criminal history of any sort would be hired. He did not want this record to ruin his goals and livelihood, especially when no conviction resulted. This blemish on his otherwise spotless record could have a devastating impact on his professional life.
Our client was employed as a public works supervisor for the Transportation Department of a large city. He had been in the position for the past fourteen years. His employment helped support himself, his young son and family (elderly parents, unemployed sister, young niece, and young nephew).
Our client also held a Qualified Applicators License from the State of California. However, he knew it would be difficult, if not impossible, with this record to continue to have his license active. This is having a crippling impact on the healing of his personal life.
Our client wanted to put this dark shadow of this arrest and criminal case in his past out of public view, as sealing would accomplish, and not live with the stigma of this and in fear of the consequences of this mistake.
Our petition to seal laid this all out for the judge, who signed order to seal and destroy the arrest records and any related court records under Penal Code §§ 851.91 and 851.92. Our client was extremely happy with this.
For more information about petitions to seal, please click on the following articles:
