Our client recently hired our office to attempt to seek post-conviction relief on two criminal cases he had been convicted of in the 1990's.
Earlier this year, we were able to successfully vacate our client’s first matter involving a conviction for violating Health and Safety Code section 11351.5, “Possession for Sale of Cocaine,” felony in 1993 pursuant to Penal Code section 1473.7. The case was subsequently dismissed by the court.
We were also able to successfully litigate a Penal Code section 1016.5 motion for this client, which vacated his conviction to a Health and Safety Code section 11352, “Transportation for Sale of a Controlled Substance,” felony offense. The case was then dismissed by the prosecution pursuant to Penal Code section 1382, “Unable to Proceed.”
Despite this relief and the subsequent dismissal of our client’s cases, the record of his underlying arrests would still appear on our client’s Department of Justice Criminal History record as “arrests.” We advised our client that he was now eligible to seal these offenses pursuant to Penal Code section 851.91 since they were convictions that were vacated and did not result in a conviction, per the requirements of the Statute. Our client retained our office to seek this relief to have the “most clean” criminal record possible under his circumstances.
Today, at the Clara Shortridge Foltz Courthouse in Downtown LA, the court granted both of our client’s Petitions to seal his record of arrest pursuant to Penal Code section 851.91! Now these offenses will be sealed on our client’s record!
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