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Petition to Seal, Detention for Public Urination, Torrance
In 2023, our client, while age 24, was detained by the Hermosa Beach Police Department for allegedly violating Penal Code § 372, also known as “Public Nuisance” after a police officer observed him while he urinated in public. Our client was filmed by the officer’s “body cam” while he urinated in an office doorway under a bright white light. It was about midnight and this took place near the Pier Plaza area of downtown Hermosa Beach.
Police then issued our client a ticket and he signed a promise to appear in the Torrance Courthouse about three months later.
The client then contacted and retained Greg Hill & Associates to represent him in this minor misdemeanor case. Greg then appeared on the client’s behalf in the Torrance Courthouse and negotiated with the Redondo Beach City Prosecutor’s office for an arrangement of informal diversion for the client. The judicial officer then placed our client on informal diversion for 90 days with an obligation to pay $350 donation to the Hermosa Beach Nuisance Abatement Fund and stay away from the Pier Plaza area of Hermosa Beach.
Our client performed all affirmative obligations of informal diversion and in November 2023, the judicial officer hearing the matter ended informal diversion and dismissed the case under Penal Code § 1385.
Greg then explained to the client that he was now eligible to have the record of the detention and the court record sealed under Penal Code §§ 851.91 and 851.92.
Greg explained to the client that under §§ 851.91 and 851.92, “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.” Under Penal Code § 851.92(d)(1), an “arrest record” includes a record of an arrest or a detention. Here, there was a detention.
The client then called up Greg and asked more questions about such a petition to seal. Greg explained that the record of the detention and the court filing would still be visible to law enforcement if our client applied for employment with law enforcement, but it would otherwise not be visible to anyone else, including professional licensing agencies, which was important to our client.
The client agreed to retain our office to then prepare, file and serve the petition to seal. We then prepared the judicial council form associated with the petition and supplemented it with a short memorandum of points and authorities which explained why our client wanted to move forward with his life. He wanted the stigma of the record for being charged with violating Penal Code § 372 removed because it prevented him from applying for new job opportunities. He did not want this record to ruin his goals and livelihood, especially when no conviction resulted. This blemish on his record, in other words, could have a devastating impact on his professional life.
The short memorandum explained that our client was employed as an insurance adjustor with a major insurance company, and had been for three years, but he feared that his employer’s periodic background check of his criminal history would reveal this case and he may be asked to resign.
In other words, our client wanted to put this dark shadow in his past out of public view, as sealing would accomplish, and not live in perpetual fear of the consequences of this mistake.
Police then issued our client a ticket and he signed a promise to appear in the Torrance Courthouse about three months later.
The client then contacted and retained Greg Hill & Associates to represent him in this minor misdemeanor case. Greg then appeared on the client’s behalf in the Torrance Courthouse and negotiated with the Redondo Beach City Prosecutor’s office for an arrangement of informal diversion for the client. The judicial officer then placed our client on informal diversion for 90 days with an obligation to pay $350 donation to the Hermosa Beach Nuisance Abatement Fund and stay away from the Pier Plaza area of Hermosa Beach.
Our client performed all affirmative obligations of informal diversion and in November 2023, the judicial officer hearing the matter ended informal diversion and dismissed the case under Penal Code § 1385.
Greg then explained to the client that he was now eligible to have the record of the detention and the court record sealed under Penal Code §§ 851.91 and 851.92.
Greg explained to the client that under §§ 851.91 and 851.92, “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.” Under Penal Code § 851.92(d)(1), an “arrest record” includes a record of an arrest or a detention. Here, there was a detention.
The client then called up Greg and asked more questions about such a petition to seal. Greg explained that the record of the detention and the court filing would still be visible to law enforcement if our client applied for employment with law enforcement, but it would otherwise not be visible to anyone else, including professional licensing agencies, which was important to our client.
The client agreed to retain our office to then prepare, file and serve the petition to seal. We then prepared the judicial council form associated with the petition and supplemented it with a short memorandum of points and authorities which explained why our client wanted to move forward with his life. He wanted the stigma of the record for being charged with violating Penal Code § 372 removed because it prevented him from applying for new job opportunities. He did not want this record to ruin his goals and livelihood, especially when no conviction resulted. This blemish on his record, in other words, could have a devastating impact on his professional life.
The short memorandum explained that our client was employed as an insurance adjustor with a major insurance company, and had been for three years, but he feared that his employer’s periodic background check of his criminal history would reveal this case and he may be asked to resign.
More importantly, our client was very involved with a youth volunteer group within his community and knew it would be difficult, if not impossible, with this record to continue to volunteer in his community. This was having a crippling impact on the healing of his personal life.
Our office then filed the petition and served it to the Hermosa Beach Police Department, as well as the Redondo Beach City Prosecutor’s Office.
At the hearing on the petition about a month later, the Redondo Beach City Prosecutor’s Office told the judge that they had no objection to the petition. The judge then granted the petition, which made our client very happy.
