Van Nuys, Arrest & Court File Sealed for L.A.M.C. 103.107.1

In 2006, our client was arrested for violating Los Angeles Municipal Code § 103.107.1, working as an escort without a license or permit, after she agreed to meet with an undercover police officer working a sting operation aimed at reducing prostitution in certain hotels.

Our client was 25 years old at the time and seeking to become an actor in Hollywood and she was told being a high-end escort was actually a way of meeting the more powerful agents she needed to know. She naively believed this and arranged with an “agent,” really a pimp, to “meet” some potential contacts.

Our client was from Eastern Europe and her English was not as good as a native speaker, so she was having difficulty finding work in more traditional arrangements.

After she was arrested, she was taken to the Los Angeles Police Department, Valley Station, right near the Van Nuys Superior Court. She was booked, fingerprinted and eventually let go a few hours later. When she was released, she was asked to sign a promise to appear in the Van Nuys Superior Court for her arraignment in about two months.

The client never appeared in court as promised because she thought her short stay in jail was the punishment and nothing more was required. She did not understand that the arrest was just to identify her and enter her name, date of birth, mugshot and fingerprints into the law enforcement database.

Sixteen years later, in 2022, while living in Florida, married and with a young daughter, she was advised that there was a bench warrant for her from the Van Nuys Superior Court.

She called up Greg Hill & Associates and asked why there would be a bench warrant for her and explained what had happened years ago in Van Nuys.

Greg explained that he could go to the Van Nuys Superior Court and appear on her behalf to ask the judge assigned to the case to recall and quash the warrant. Greg explained further that due to the minor nature of the case and the fact that sixteen years had passed, the prosecution may not be able to prove the case. The prosecution may then just dismiss. Greg also explained how he could file a motion for dismissal of the case as her Sixth Amendment right to a Speedy Trial had been violated under Serna v. Superior Court (1985) 40 Cal. 3d 239, 707 P. 2d 793, 219 Cal. Rptr. 420 and under federal law under Barker v. Wingo (1972) 407 U.S. 514.

The client then hired Greg Hill & Associates, Greg appeared in the Van Nuys court for the client to have the warrant recalled and the judge did recall the warrant. The Los Angeles City Attorney assigned to the case then did dismiss the case in the interest of justice under Penal Code § 1385.

Greg then explained to the client that she could petition the same judge to issue an order to seal the arrest report and the court file under Penal Code § 851.91 and § 851.92. Greg explained that such an order would direct the California Department of Justice to delete or erase the record of her arrest. Greg explained that this would remove the stigma of the arrest and the case filed against her, even though it was actually dismissed.

The client agreed to move forward with the petition to seal and hired Greg Hill & Associates to prepare the petition to seal.

It should be noted that in many prostitution cases, the client is not arrested. Instead, the client is cited and released at the scene, particularly “johns.” Women who are selling sexual services are more often arrested, so a petition to seal can be filed for such women.

Our office then filed the petition to seal at the Van Nuys Superior Court and served the Los Angeles Police Department, as well as the Los Angeles City Attorney’s office in Van Nuys.

A hearing date was then set and Greg appeared back up at the Van Nuys Superior Court for the client. The judge granted the petition, which made our client extremely happy, as she looked forward to volunteering for her daughter’s school functions as a parent and she did not want any other parents or the school to know about this “skeleton in the closet” from seven years earlier.