Successful Correction of a Court Record for a Client

Recently, our office helped our client whose criminal record indicated that he was convicted of violating Penal Code section 261.5(d), “Unlawful Sexual Intercourse with a Minor Under 16 by a Person 21 Years of Age or Older” when, in fact, our client had been convicted of violating Penal Code section 261.5(c), “Unlawful Sexual Intercourse with a Minor who is Three Years Younger than Perpetrator.” For immigration and other purposes, the Penal Code section 261.5(d) offense is considered more egregious and can cause our client more adverse collateral consequences. Thus, our client hired our office to prove the inaccuracy and petition the court for a correction.

Our office was able to retrieve the transcript of the plea that showed that our client had in fact pled to Penal Code section 261.5(c). Through our investigation, it appeared that the clerk inadvertently imputed the incorrect statute our client was convicted of and the transcript of the plea was able to positively identify the correct statute our client had pled to!

We then filed a motion with the court requesting for the record to be corrected. The prosecution had no opposition and the record was ordered corrected by the court.

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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