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Fullerton Arrest for Rape, Petition to Seal Granted
In October 2006, our client, then 21 years old, was arrested by the Anaheim Police Department, for an alleged violation of Penal Code § 261, rape (a serious and violent felony). Shortly after the arrest, however, the police reviewed a video, which undermined the alleged victim’s credibility of events.
The Fullerton District Attorney then kindly declined to file charges.
Despite this allegation being determined to lack truth, the client’s criminal history suggested its truth because the arrest for rape remained on his criminal history, stigmatizing his for the next fifteen years.
At each job interview, our client would have to explain to a dubious employer that the victim lied and there was a videotape that fortuitously refuted her allegations. Some employers remained skeptical and decided not to hire our client, while others believed him. In a way, our client was scarred by a false allegation that time would not heal.
This situation, however, became unbearable in 2021 when our client landed his dream job as a software developer in Virginia and was hired part-time, purportedly due to Covid-19 uncertainties about how the company’s income would recover as the pandemic’s effect attenuated.
When the company’s business picked up noticeably, our client inquired about being elevated to a full-time employee. The employer then reported that it was hesitant to do so due to the client’s arrest fifteen years earlier for rape.
At this point, the client had read on the Internet about a petition to seal an arrest record, so he called Greg Hill & Associates and spoke with Greg.
The client explained the underlying facts of the case and his work situation.
Pomona Court
The Fullerton District Attorney then kindly declined to file charges.
Despite this allegation being determined to lack truth, the client’s criminal history suggested its truth because the arrest for rape remained on his criminal history, stigmatizing his for the next fifteen years.
At each job interview, our client would have to explain to a dubious employer that the victim lied and there was a videotape that fortuitously refuted her allegations. Some employers remained skeptical and decided not to hire our client, while others believed him. In a way, our client was scarred by a false allegation that time would not heal.
This situation, however, became unbearable in 2021 when our client landed his dream job as a software developer in Virginia and was hired part-time, purportedly due to Covid-19 uncertainties about how the company’s income would recover as the pandemic’s effect attenuated.
When the company’s business picked up noticeably, our client inquired about being elevated to a full-time employee. The employer then reported that it was hesitant to do so due to the client’s arrest fifteen years earlier for rape.
At this point, the client had read on the Internet about a petition to seal an arrest record, so he called Greg Hill & Associates and spoke with Greg.
The client explained the underlying facts of the case and his work situation.
Pomona CourtGreg explained that the process of sealing and destroying a record and how such an order from the judge would erase, delete or remove the entry on the client’s criminal history, wiping away the scar that had plagued the client for fifteen years. Greg explained that the record of the arrest would remain visible to law enforcement, however, if the client applied for employment with law enforcement, but it would otherwise be removed from the public to see.
However, as a matter of due diligence and thoroughness, Greg discussed the requirements for obtaining such an order. One of the big requirements is that the statute of limitations has expired. Greg then explained that the statute of limitations for rape in 2006 was ten years, but the law changed on this statute of limitations in 2016 to remove any statute of limitations.
Greg then had to do a little quick research, while the client waited anxiously on the phone. Greg discovered that the statute of limitations for our client’s case expired in October 2016 and the new law took effect in December 2016. In other words, our client was qualified for such relief (by about two months)
The client then retained Greg Hill & Associates to prepare, file, serve and then appear at the hearing on the petition to seal. The petition included a negatively stigmatized.
The petition included a supplemental memorandum that laid out the applicable statute and how the exceptions to the law did not apply in this case. It explained that our client’s history did not show a “pattern” of violence for spousal abuse, child abuse or elder abuse that would otherwise disqualify him from relief 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). It also discussed the statute of limitations issue for rape, as discussed above and that our client did nothing to evade arrest or engage in identity fraud to avoid law enforcement.
The supplemental memorandum also included a declaration from our client explaining his employment concerns and a photograph of him with his wife and young son.
However, as a matter of due diligence and thoroughness, Greg discussed the requirements for obtaining such an order. One of the big requirements is that the statute of limitations has expired. Greg then explained that the statute of limitations for rape in 2006 was ten years, but the law changed on this statute of limitations in 2016 to remove any statute of limitations.
Greg then had to do a little quick research, while the client waited anxiously on the phone. Greg discovered that the statute of limitations for our client’s case expired in October 2016 and the new law took effect in December 2016. In other words, our client was qualified for such relief (by about two months)
The client then retained Greg Hill & Associates to prepare, file, serve and then appear at the hearing on the petition to seal. The petition included a negatively stigmatized.
The petition included a supplemental memorandum that laid out the applicable statute and how the exceptions to the law did not apply in this case. It explained that our client’s history did not show a “pattern” of violence for spousal abuse, child abuse or elder abuse that would otherwise disqualify him from relief 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). It also discussed the statute of limitations issue for rape, as discussed above and that our client did nothing to evade arrest or engage in identity fraud to avoid law enforcement.
The supplemental memorandum also included a declaration from our client explaining his employment concerns and a photograph of him with his wife and young son.
The judge then granted the petition and signed the order to seal, making our client quite happy.
For more information about sealing and destroying a police report and/or court file, please click on the following articles:
