No Filing on a Penal Code section 246.3(a), “Gross Negligent Discharge of a Firearm” Offense - Arrest Record Completely Sealed!

Our client was originally arrested for a violation of Penal Code section 246.3(a), “Gross Negligent Discharge of a Firearm” offense. Our office began our representation by providing the prosecution with a mitigation package detailing our client’s work history and character letters describing our client’s reputation for good behavior.

After reviewing our mitigation package the prosecution provided our office with a “No Filing” letter indicating that they have declined prosecution in this matter and no charges would be filed.

After the statute of limitations had passed, our office filed a motion to seal the record of arrest pursuant to Penal Code section 851.91. This petition was granted by the court and now our client can lawfully state that this arrest never occurred!

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 Law, APC 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.