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Shoplifting at LAX Store, Case Handled by NJP, Report Sealed
Our client, then age 23, was arrested by the Los Angeles Airport Police Department, on October 6, 2022, for allegedly violating Penal Code § 490.5(a), also known as “Petty Theft from a Store or Library.” Our client has no prior convictions. He had taken some headphones worth $350 from a store within LAX on his way home to Northern California. At the time, he was a student studying business at U.S.C.
On December 15, 2022, after our office wrote a letter to the Los Angeles City Attorney’s Office suggesting the Neighborhood Justice Program, our client was fortunately referred through the Los Angeles City Attorney’s Office to the Neighborhood Justice Program.
The client then attended the telephonic hearing, which Greg Hill attended as well. The client explained how he took the headphones in a lapse of judgment and how he felt terrible after doing so, mostly because he let his family down. They were shocked that he would do such a thing and embarrass them. The experience was a sobering wake up call to him as to how important honesty and integrity were.
Following this hearing, he was ordered to: 1) perform sixteen hours of community service; 2) write a letter to his 14-year old brother about his experience and what he learned; 3) write an apology letter to the store employee involved; and 4) attend a diversion class on a Saturday. He then completed all such obligations.
Before he completed such tasks, our client and Greg Hill had discussed sealing the arrest report under Penal Code §§ 851.91 and 851.92, so once our client finished his obligation and the one year statute of limitations expired, our office prepared, filed and served the petition to seal the arrest report and any court file, if anything existed.
The petition explained that Penal Code § 851.91(a) provides, “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, our client suffered an arrest that did not result in a conviction when the matter was referred to the Neighborhood Justice Program in lieu of filing.
The supplemental memorandum in support of the petition further explained, through our client’s declaration, that our client wanted to move forward with his life after graduating from U.S.C. with a prestigious degree in business. However, the record of and the resulting stigma of the police report / arrest record for violation of Penal Code § 490.5(a) was causing him to avoid applying for employment opportunities. He did not want this record to ruin his goals and livelihood, especially when no conviction resulted. This blemish on his record was having a devastating impact on his professional life.
The declaration attached to the supplemental memorandum in support of the petition also explained how our client was currently unemployed and actively seeking employment within the business administration profession. However, if he could not find a job, he would have to seek employment in anything he could find to support himself and not use his hard-earned education.
More importantly, our client believed it would be difficult, if not impossible, with this record to qualify for any job opportunities. This is having a crippling impact on his self-esteem and how he presented himself in the job application process.
In short, our client’s declaration stated, he 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 arrest record and criminal case documents, if any exist.
He therefore respectfully asked the Court to issue an order to seal and destroy the arrest record / police report and any related court records under Penal Code §§ 851.91 and 851.92.
Our office served the petition on the Los Angeles Airport Police Department, who had arrested him, and the Los Angeles City Attorney’s Office, Airport Courthouse office.
On December 15, 2022, after our office wrote a letter to the Los Angeles City Attorney’s Office suggesting the Neighborhood Justice Program, our client was fortunately referred through the Los Angeles City Attorney’s Office to the Neighborhood Justice Program.
The client then attended the telephonic hearing, which Greg Hill attended as well. The client explained how he took the headphones in a lapse of judgment and how he felt terrible after doing so, mostly because he let his family down. They were shocked that he would do such a thing and embarrass them. The experience was a sobering wake up call to him as to how important honesty and integrity were.
Following this hearing, he was ordered to: 1) perform sixteen hours of community service; 2) write a letter to his 14-year old brother about his experience and what he learned; 3) write an apology letter to the store employee involved; and 4) attend a diversion class on a Saturday. He then completed all such obligations.
Before he completed such tasks, our client and Greg Hill had discussed sealing the arrest report under Penal Code §§ 851.91 and 851.92, so once our client finished his obligation and the one year statute of limitations expired, our office prepared, filed and served the petition to seal the arrest report and any court file, if anything existed.
The petition explained that Penal Code § 851.91(a) provides, “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, our client suffered an arrest that did not result in a conviction when the matter was referred to the Neighborhood Justice Program in lieu of filing.
The supplemental memorandum in support of the petition further explained, through our client’s declaration, that our client wanted to move forward with his life after graduating from U.S.C. with a prestigious degree in business. However, the record of and the resulting stigma of the police report / arrest record for violation of Penal Code § 490.5(a) was causing him to avoid applying for employment opportunities. He did not want this record to ruin his goals and livelihood, especially when no conviction resulted. This blemish on his record was having a devastating impact on his professional life.
The declaration attached to the supplemental memorandum in support of the petition also explained how our client was currently unemployed and actively seeking employment within the business administration profession. However, if he could not find a job, he would have to seek employment in anything he could find to support himself and not use his hard-earned education.
More importantly, our client believed it would be difficult, if not impossible, with this record to qualify for any job opportunities. This is having a crippling impact on his self-esteem and how he presented himself in the job application process.
In short, our client’s declaration stated, he 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 arrest record and criminal case documents, if any exist.
He therefore respectfully asked the Court to issue an order to seal and destroy the arrest record / police report and any related court records under Penal Code §§ 851.91 and 851.92.
Our office served the petition on the Los Angeles Airport Police Department, who had arrested him, and the Los Angeles City Attorney’s Office, Airport Courthouse office.
The petition was then set for a hearing almost three months after we filed it and the judge, a former District Attorney in Torrance, granted the petition. Our client was extremely happy.
