Two Clients’ Petitions to Seal Granted, Newport Beach

In 2023, our two clients went into the Sephora store at the Irvine Spectrum.  One client was 18 years old; one was 19.  They were college friends from Chapman College.  

Each client put approximately a dozen items in her own purse.  The items included lipstick, lip balm , lip glow, blush, hydrating priming serum, dark spot serum Vitamin C alternative and self-tanning drops.  

After about twenty minutes of walking around the store, they then walked out without paying for the items.  Loss prevention officers immediately stopped them and brought them back into the store, where they were escorted into a room toward the rear of the store.  The loss prevention officers then explained what they had seen each young lady do and asked to inventory the items in each client’s purse.  Our clients agreed.

The combined value of all items was approximately $340.  Loss prevention officers then called the Irvine Police Department, who came to the store and handcuffed our clients.  They were then taken to the Irvine Police Station, where they were each booked and eventually released after signing a promise to appear in the Newport Beach Courthouse in about three months.

The father of one of the girls reached out to Greg Hill & Associates and discussed both girls’ cases with Greg Hill, eventually retaining Greg Hill & Associates.

Greg Hill then appeared on behalf of both young ladies at the Newport Beach Courthouse and requested judicial diversion for each client, which the judge granted.

Each client was placed on one year of judicial diversion with an obligation to perform 30 hours of community service.  The girls were also required to stay away from all Sephora stores.

Each girl completed the terms of judicial diversion and the case against each girl was then dismissed under Penal Code § 1001.95, which is the judicial diversion statute.

Greg then explained to each client that such a dismissal qualified each client to have the arrest report and court file sealed under Penal Code §§ 851.91 and 851.92.  Greg explained that “sealing” meant removal or erasure of the entry on each client’s criminal history of the arrest and the case filing, except for purposes of application for employment in law enforcement (such information would be visible to law enforcement if either client applied for a job with a police or sheriffs’ department).

Greg explained the exceptions to sealing, none of which applied to either of our clients.  Such exceptions included a charge of murder or any other offense for which there is no statute of limitations, petitioner intentionally evaded law enforcement efforts to prosecute the arrest by absconding from the jurisdiction in which the arrest took place or petitioner intentionally evaded law enforcement efforts to prosecute the arrest by engaging in identity fraud and was subsequently charged with a crime for the act of identity fraud. Penal Code § 851.91(2).

Greg also explained that sealing would not be possible if there was a “pattern” of violence for spousal abuse, child abuse or elder abuse as specified in Penal Code § 851.91(C)(2)(A)(i)(I).  “Pattern” is defined as “two or more convictions or five more arrests, for separate offenses occurring on separate occasions with three years from at least one of the other convictions or arrests.” 851.91(c)(2)(A)(III)(ii).

Greg also explained how Greg Hill & Associates would prepare the Petition to Seal Arrest and Related Records (Judicial Council form CR-409), supplement it with a short points and authorities explaining the law and why each client requested sealing and provide the judge an Order to Seal Arrest and Related Records (CR-410).  The filing would be served to the Irvine Police Department and the Orange County District Attorney’s Office at the Newport Beach Courthouse.

Each client then hired Greg Hill & Associates to prepare, file, serve and appear in court on a petition to seal for her.  Our office then prepared a petition to seal for each client, filed it at the Newport Beach Courthouse, served it as described above and appeared at the hearing on each client’s petition to seal, which were held on the same day.

The judge assigned to the case granted each petition, which made each client happy.

Greg then explained that each client’s DOJ record would be updated to be changed in four to six weeks by the California Department of Justice in Sacramento.