Expungement for Fire Camp Participant (AB 2147) Robbery
In 1999, our client was arrested by the Los Angeles Police Department, Hollywood Division, on three counts of robbery (Penal Code § 211). He was 18 years old at the time.
After several appearances in the Clara Shortridge Foltz criminal courts building (CCB), he agreed to a plea bargain wherein he pled guilty to one charge of robbery and admitted a Penal Code § 12022(b) allegation that he was armed with a deadly or a dangerous weapon. The total sentence was seven years, calculated as three years for mid-term on robbery count, plus four years a Penal Code § 12022.5(a)(1), mid-term on this gun -use enhancement.
He then was remanded to custody of the California Department of Corrections and Rehabilitation (CDCR). After a few years in state prison, he was reclassified to a lower security level and was able to be transferred to fire camp, first at Susanville in Lassen County and then Highrock in Humboldt County. He then fought dozens of fires as a hand crew member, accumulating over 3,000 hours fighting fires (133 full days).
In 2005, he was released from fire camp and placed on parole. He was later released from parole with no violations.
However, having a felony record, no less for a strike such as robbery, stigmatized him and limited his employment options for years. He wanted to return to fighting fires, but he could not become get an Emergency Medical Technician (EMT) license with a felony record, so was barred from becoming a fire fighter.
However, on January 1, 2021, Assembly Bill (AB) 2147 became effective and made expungement available under Penal Code § 1203.4b for those who went to state prison and were assigned to fire camp as a fire crew member.
In late 2022, our client learned about AB 2147 and called Greg Hill & Associates. He explained his conviction nearly 24 years earlier and how he went to state prison, but was eventually transferred to Susanville, one of two training camps (the other being Jamestown), and later up to Highrock where he was a hand crew member.
He told Greg he yearned to get back to fighting fires, or at least instructing others on how to do so, but without an EMT license, he could not do so.
Greg stated that the client was eligible for AB 2147 and that he could file the petition for the client. However, Greg explained to the client, just so he understood, that an expungement under AB 2147 did not mean the conviction could not be used as a conviction in a future prosecution, meaning the robbery conviction would could as a strike in a future prosecution, if any.
Second, the client had to still disclose the conviction on any application for a teaching credential with the California Commission on Teacher Credentialling, in any application to be a police officer, in any application for public office or in any application to operate as part of the California Lottery.
Third, the client would still be prohibited from possessing, purchasing or owning a firearm.
And fourth, the client would still be prohibited from holding public office as a result of the conviction.
The client still stated he wanted to move forward with the petition. Our office then prepared, filed and served the petition. The clerk in the downtown Los Angeles courthouse (CCB) then assigned the petition to a judge and a hearing date was set.
Greg then appeared in court on the client’s behalf for the hearing on the petition. However, the CDCR failed to send in the certification of being a hand crew member at fire camp for our client. The hearing was therefore continued for six weeks to let the CDCR submit the certification.
Greg then appeared again six weeks later and the CDCR still had not submitted the proper certification. Accordingly, the hearing was continued another four weeks to give the CDCR more time.
Four weeks later, the CDCR still had not submitted the proper certification, so the hearing was continued again for four weeks.
Finally, on the fourth hearing, the judge had received the proper certification from CDCR and the signed the order of dismissal of our client’s robbery conviction and dismissed the case.
Our client was overjoyed with this news, fully aware of how nice his life would be moving forward without a felony conviction next to his name and now being able to get his EMT license to return to fighting fires.
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