Recently, our office helped our client whose criminal record indicated that he was convicted of violating Penal Code section 261.5(d), “Unlawful Sexual Intercourse with a Minor Under 16 by a Person 21 Years of Age or Older” when, in fact, our client had been convicted of violating Penal Code section 261.5(c), “Unlawful Sexual Intercourse with a Minor who is Three Years Younger than Perpetrator.” For immigration and other purposes, the Penal Code section 261.5(d) offense is considered more egregious and can cause our client more adverse collateral consequences. Thus, our client hired our office to prove the inaccuracy and petition the court for a correction.
Our office was able to retrieve the transcript of the plea that showed that our client had in fact pled to Penal Code section 261.5(c). Through our investigation, it appeared that the clerk inadvertently imputed the incorrect statute our client was convicted of and the transcript of the plea was able to positively identify the correct statute our client had pled to!
We then filed a motion with the court requesting for the record to be corrected. The prosecution had no opposition and the record was ordered corrected by the court.
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