Recently, Mr. Escovar was retained by a client who hoped that Mr. Escovar could help get his case “Sealed” under Penal Code section 851.91. Prior to hiring Mr. Escovar, the client was arrested for Burglary as described in Penal Code sections 459. However, he was never convicted or prosecuted. Naturally, the client did not want this arrest information to be open and available to the public, if it did not have to be. So, Mr. Escovar, understanding his client’s situation and the available legal remedies, offered his help.
First, Mr. Escovar began analyzing his client’s arrest thoroughly. He discovered and confirmed that the arrest was a misdemeanor and that the statue of limitations (one year for misdemeanors) for the offense had passed!
To the untrained eye, this seems unimportant. However, to Mr. Escovar, these are facts which could greatly impact the result of his client’s case. After all, if an offense is a misdemeanor, and the statue of limitations has passed without having been prosecuted or convicted, the court must “Seal” the case upon request, as stated in Penal Code sections 851.91/851.92.
Mr. Escovar knew this, so he acted quickly. He drafted a “Motion to Seal” using the state forms CR-409 and CR-410. He served the motion onto the appropriate parties and then filed the paper work with the Los Angeles Superior Court-Pomona Courthouse. Soon after, the judge who heard the motion at the Pomona Courthouse granted the motion and sealed his client’s case.
Another victory for another one of Mr. Escovar’s clients! Indeed, a well trained and knowledgeable advocate, like Mr. Escovar, can effectively expeditiously improve the outcome of a case.