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Firefighter Expungement, AB 2147, PC 487(d) & 182(a)(1)
In 2009, our client, then 23 years old, was arrested for allegedly violating Penal Code §§ 487(a), 470(d) and 182(a)(1) for his role in an alleged mortgage fraud scheme with several other defendants. At the time, our client was a telemarketer. He had no prior criminal history.
In 2011, he was sentenced after two trials (the first resulted in a mistrial) to four years and eight months in state prison. The first trial lasted 22 days, only to end in a mistrial. The second trial started almost a year later. Luckily, throughout the protracted process, our client was not in custody.
After his convictions and being sentenced, our client first was assigned to Delano (just north of Bakersfield) for prisoner orientation. From there, he then was assigned to and successfully participated in the fire-fighter training program, first at the Susanville Training Center and then the Valley View Camp # 34 (fire camp), from which he was discharged in 2013. He served approximately 18 months of his 56 month sentence.
In 2024, the client, now age 38, contacted our office to ask about Assembly Bill 2147 and having his convictions expunged. He explained his underlying convictions, the two trials and how he had started a consulting company that had grown to approximately fifty employees in Orange County. He was very proud of his company and yet still had problems with his criminal history.
Greg Hill explained the requirements for one to be eligible for expungement under Assembly Bill 2147, codified at Penal Code § 1203.4b. Greg also explained how long such a petition takes to be granted after the petition is filed and how the Certificate of Fire Camp is often the document that takes months to obtain from the CDCR.
Greg also explained to the client that expungement did not erase, remove or delete the record of the case having been filed. However, the record would show that his last plea was not guilty and that the case was dismissed. Most importantly, as with any expungement, our client would have the legal right to state he was never convicted of the crimes of which he was convicted.
Greg also explained the four exceptions to this right. One must disclose the conviction or convictions if one is applying for 1) licensing by the California Commission on Teaching Credentialling; 2) for a position as a police officer; 3) for public office; and 4) for contracting with the California State Lottery Commission.
Greg also explained that expungement did not restore the client’s right to own, possess or purchase a firearm, ammunition or any ammunition loading device.
Greg also explained that the convictions could be used against him in any subsequent prosecution.
The client said he understood this and since he was eligible, he then hired Greg Hill & Associates to prepare, file, serve and then appear in court for the hearing or hearings on the petition.
The petition then explained our client’s convictions and his assignment to fire camp, from which he was paroled after successfully completing his fire camp assignment. The petition also explained how our client had paid over $150,000 in restitution after being released from prison.
The petition also explained that with these stigmatizing convictions on his record, despite the passage of time, it remained difficult to find opportunities and to obtain a business license. This was having a crippling impact on his professional life. He did not want to continue to pay for his mistakes.
The petition was then filed at the Clara Shortridge Foltz criminal courts building (CCB). It took five months for the CDCR to submit the Certificate of Fire Camp for our client, which required Greg to make four court appearances for hearings that were only continued another 30 to 60 days to permit the CDCR more time to submit the required document.
In 2011, he was sentenced after two trials (the first resulted in a mistrial) to four years and eight months in state prison. The first trial lasted 22 days, only to end in a mistrial. The second trial started almost a year later. Luckily, throughout the protracted process, our client was not in custody.
After his convictions and being sentenced, our client first was assigned to Delano (just north of Bakersfield) for prisoner orientation. From there, he then was assigned to and successfully participated in the fire-fighter training program, first at the Susanville Training Center and then the Valley View Camp # 34 (fire camp), from which he was discharged in 2013. He served approximately 18 months of his 56 month sentence.
In 2024, the client, now age 38, contacted our office to ask about Assembly Bill 2147 and having his convictions expunged. He explained his underlying convictions, the two trials and how he had started a consulting company that had grown to approximately fifty employees in Orange County. He was very proud of his company and yet still had problems with his criminal history.
Greg Hill explained the requirements for one to be eligible for expungement under Assembly Bill 2147, codified at Penal Code § 1203.4b. Greg also explained how long such a petition takes to be granted after the petition is filed and how the Certificate of Fire Camp is often the document that takes months to obtain from the CDCR.
Greg also explained to the client that expungement did not erase, remove or delete the record of the case having been filed. However, the record would show that his last plea was not guilty and that the case was dismissed. Most importantly, as with any expungement, our client would have the legal right to state he was never convicted of the crimes of which he was convicted.
Greg also explained the four exceptions to this right. One must disclose the conviction or convictions if one is applying for 1) licensing by the California Commission on Teaching Credentialling; 2) for a position as a police officer; 3) for public office; and 4) for contracting with the California State Lottery Commission.
Greg also explained that expungement did not restore the client’s right to own, possess or purchase a firearm, ammunition or any ammunition loading device.
Greg also explained that the convictions could be used against him in any subsequent prosecution.
The client said he understood this and since he was eligible, he then hired Greg Hill & Associates to prepare, file, serve and then appear in court for the hearing or hearings on the petition.
The petition then explained our client’s convictions and his assignment to fire camp, from which he was paroled after successfully completing his fire camp assignment. The petition also explained how our client had paid over $150,000 in restitution after being released from prison.
The petition also explained that with these stigmatizing convictions on his record, despite the passage of time, it remained difficult to find opportunities and to obtain a business license. This was having a crippling impact on his professional life. He did not want to continue to pay for his mistakes.
The petition was then filed at the Clara Shortridge Foltz criminal courts building (CCB). It took five months for the CDCR to submit the Certificate of Fire Camp for our client, which required Greg to make four court appearances for hearings that were only continued another 30 to 60 days to permit the CDCR more time to submit the required document.
Finally, the CDCR did submit the required certificate and the judge assigned to the case granted the petition, which made our client very happy.
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