Prostitution Arrest and Court File Sealed, Glendale

Seven years ago, in 2016, our client, then 25, was arrested and charged with solicitation of prostitution (a violation of Penal Code § 647(b)).  The arrest was by the Glendale Police Department.  The case against our client was filed and prosecuted by the Glendale office of the Los Angeles District Attorney.

This was not our client’s first arrest for prostitution in Los Angeles County, however, this case ended well for her with a dismissal under Penal Code § 1382 after she attended a class for preventing prostitution.

The client then moved across the United States to Rhode Island, where she moved in with her mom and got a solid job as a property manager for one of New England’s biggest real estate companies.  She also had a baby girl, age 3 in 2023.

It was 2023 when the client, who was not a U.S. citizen, decided to apply for U.S. citizenship.  As the reader may be aware, even an arrest for solicitation of prostitution can lead to questions by an immigration court.

Indeed, a conviction for violating § 647(b) is a crime involving moral turpitude.  Matter of W- (C.O. 1951) 4 I & N Dec. 401.  In Matter of W-, the former Immigration and Naturalization Service (INS) Central Office held that violation of a city (Seattle) ordinance relating to prostitution was a crime involving moral turpitude.  The decision was the first to recognize that engaging in prostitution is categorically a crime involving moral turpitude.  Despite the age of the decision, it has been recognized by both the Immigration Board and several Federal circuit courts as remaining good law in recent decisions.

Greg then explained to the client how a petition to seal an arrest is allowed under California Penal Code §§ 851.91 and 851.92.  Greg explained what types of cases are ineligible for such relief and what are the exceptions to the court granting such a petition. 

 

Greg then described how the petition is prepared, filed, served and heard in Los Angeles.  Greg explained how the petition is filed with the court and how the law enforcement agency must be served with the petition.  The police then have 60 days to respond, either with an objection or no objection.  If the court does not hear from law enforcement after 60 days, the silence is regarded as no objection.

The client then retained Greg Hill & Associates and we prepared the petition, which included a short points and authorities and a declaration from our client, now 31, explaining her current employment in Rhode Island and her having a three-year old daughter. 

Our office then filed the petition in the Glendale Superior Court and served the Glendale Police Department, as well as the Glendale office of the Los Angeles County District Attorney.

Interestingly, the District Attorney did not oppose the petition, but was deliberate about pointing out to the judge that our client had other arrests for the same crime.  Greg did not want to respond to the District Attorney by telling her that this did not disqualify our client from sealing and that the judge really did not have any discretion in ruling on the motion if our client was qualified, which she was.

The judge understood what Greg understand that the young District Attorney really had no idea what purpose such a comment was made for and granted the petition.  Before granting the petition, the judge asked Greg if he had anything to add and Greg said no.

The news of the sealing made our client very happy, as she did not want her employer to find out about such a stigmatizing crime, even if the case was dismissed.  She wanted to continue to work for the company and become a U.S. citizen, so having the arrest and the record of the case removed from her criminal history was a big improvement in her future.