Fire Fighter Expungement, Grand Theft of Almost $900,000

In 2007, our client was arrested and charged in the downtown Los Angeles Clara Shortridge Foltz criminal courts building (CCB) with three counts of grand theft (Penal Code § 487(a) and one count of identity theft, in violation of Penal Code § 530.5(a). Our client was 36 years old at the time. There were three victims, all family members.

The client was originally sentenced to five years in state prison. She was also ordered to pay $878,784 in restitution.

The client began her prison sentence in early July 2007 and in January of 2008 was transferred to Fire Camp CC 13 in Malibu, where she stayed until being released on June 7, 2009. She was then placed on parole.

The client did not pay the restitution ordered, but she did obtain work within the motion picture industry.

In late 2022, she discovered that beginning in 2021, there was a new law brought under Assembly Bill Number 2147 that allowed those who went to state prison, but were later transferred to fire camp, to petition for expungement of the conviction. She could not believe this was so, as she had been told for the previous fifteen years that if one went to prison, expungement was not possible.

She called up Greg Hill & Associates and spoke to Greg about her case and how she had served the last year and a half at a fire camp operated by the California Department of Corrections and Rehabilitation (CDCR). She wanted to know if she was eligible, particularly since the restitution owed was not repaid.

Greg explained that she was not only eligible to have her four convictions expunged, but under Senate Bill (SB) 1106, the Fresh Start Act, the judge could still grant expungement when restitution was not paid in full. However, Greg explained, expungement, if granted, did not cancel or remove the obligation to pay restitution in this case.

Greg also explained that expungement under AB 2147, codified at Penal Code 1203.4b, also did not restore the client’s right to purchase, own or possess a firearm. Expungement under 1203.4b also did not restore her right to hold public office. She also had to disclose the convictions from the case if applying for a professional license with the California Commission on Teacher Credentialling, for a job as a police officer or for operating an outlet with the California State Lottery Commission. Most importantly, however, this expungement meant she could lawfully state she was not convicted of a felony to all others.

The client was quite excited about no longer being a convicted felon (in most circumstances) and eagerly asked Greg when he could start work on her petition and how long the process would take.

Greg then explained that he could prepare, file and serve the petition within a week and then the court clerk would notify the CDCR that it needed to send the clerk a certification that the client was assigned to a fire crew and did successfully complete fire camp. Greg explained that in his experience, sometimes the CDCR took a long time to provide this and it meant that a ruling on the petition could take several months.

Moreover, Greg commented, the judge may hesitate to sign the petition with so much restitution unpaid, but SB 1106 really did apply. Yet the judge may grumble about this and request further briefing just to be assured he was not bestowing a windfall on the client. The prosecutor may also become quite emotional and strongly oppose the petition due to unpaid restitution. The client said she understood.

Our office then prepared, filed and served the petition for dismissal, using judicial council form CR-430. Our office included a supplemental memorandum addressing SB 1106 and stating the reasons why our client requested expungement.

The court then set a hearing date and Greg appeared at the Clara Shortridge Foltz courthouse for the hearing.

Almost exactly as Greg warned the client, the CDCR had not submitted its certification that the client had served as a hand crew member at fire camp, so the hearing was continued about six weeks to give the CDCR more time to do this.

Greg then appeared six weeks later and the CDCR still had not submitted its certification for the client, so the hearing was continued for another four weeks.

Four weeks later, Greg appeared again and the CDCR still had not submitted its certification, so the hearing was continued yet again for four more weeks.

At this next hearing, the CDCR had submitted its certification and the judge granted the petition. Curiously, the prosecutor did not oppose the petition or seem to know about the unpaid restitution.

The client was extremely happy with having these four convictions expunged.

For more information about expungement and the issues in this case, please click on the following articles: