Check Fraud & Grand Theft Convictions Expunged, Glendale

In 2004, our client, then 23 years old, was arrested by the Glendale Police Department on suspicion of violating Penal Code § 476 (check fraud) on three checks and Penal Code § 487(a) (grand theft).  The victim was Citibank / Citigroup and involved a total of $2,717.90 in bounced checks.

He appeared for his arraignment, but then left the United States and returned to Australia.  When he did not appear at further court appearances, a bench warrant was issued for him.  The client, however, was unaware of this until he tried to return to the United States eleven years later (2015) and was told there was a bench warrant for him out of the Glendale Court.

The client then called Greg Hill & Associates and discussed the case with Greg.  Greg explained that were the client to arrive in the United States, he might be arrested and taken to the Glendale Court to see the judge because of the bench warrant.

Greg explained that to avoid this problem, he could appear in the Glendale Courthouse and ask the judge to recall the bench warrant and then Greg could work to plea bargain the case to resolution without any jail time for the client.

The client then retained Greg Hill & Associates and Greg then appeared in the Glendale Court, where the judge indeed did agree to recall and quash the bench warrant for our client.  Greg then negotiated a plea bargain to a violation of Penal Code § 476 (Count 1) and Penal Code § 487(a) (Count 4) in 2015.  The other two counts were dismissed.  

Pursuant to the plea bargain, the judge then placed the client on three years of summary (informal) probation on the following terms and conditions: perform 45 days of community service in Australia and pay restitution of $2,717.90 to the victim, Citibank / Citigroup.

After the client learned of this resolution, he thanked Greg for his work, but then performed no community service and paid nothing to the victim.  

Another eight years passed.  In 2023, the client again contacted Greg Hill & Associates and asked how to pay the victim and how to perform the community service.  Greg answered the client’s questions and explained that the judge most likely had issued another bench warrant for the client’s failure to file documentation of fulfilling such obligations.

Greg then had the client wire the restitution payment to our office and then we issued a check to the victim through our law firm check.  The client then performed the 45 days of community service in Australia (at a yacht club).  

Greg then appeared in court and had the bench warrant recalled and filed a copy of the letter documenting the community service and restitution payment.  The judge kindly then terminated probation.  

Greg explained such developments to the client and explained he was now eligible for expungement under Penal Code § 1203.4.  The client, now age 43, responded that he was interested in this because his job in advertising (in Australia) looked at his criminal history and could see his record from the United States.

Greg cautioned the client that expungement did not erase, delete or remove the record of the case having been filed against him, but expungement did return his last plea to not guilty and showed that the case was dismissed.  

Our office then filed the petition for dismissal on the judicial council form, CR-180, and supplemented it with a short memorandum of points and authorities, as well as a declaration from our client, explaining that hiss goal was to obtain a higher paying job to continue to support himself, his wife and their two young children.      More importantly, the client planned to apply for a Visa to travel to the U.S.  However, he knew it would be difficult, if not impossible, with this conviction on his record.  This stigma was having a crippling impact on his personal and professional life.  

The declaration further explained how the client had worked hard to build his reputation in his community as a responsible citizen and he did not want the convictions in this case to ruin his goals and life.  He did not want to continue to pay for this mistake.  He also did not realize when he entered his pleas in this case that he could be denied employment opportunities due to these two convictions.

The petition then asked that the judge to set aside his nolo contendere pleas and dismiss the Complaint, so as to end the collateral effects of these two convictions, which for our were personally and professionally severe.

The judge granted the petition, making our client extremely happy.