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Dismiss a PC 653.22 Conviction
Loitering for Prostitution
Penal Code 653.29
Recently, California law created a way to overturn, seal, and destroy a prior criminal conviction for loitering with intent to commit prostitution (PC 653.22).
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Upon successful petition, a person’s prior conviction for loitering with intent to commit prostitution will be removed from his or her criminal record and the conviction will be overturned as though the defendant was never convicted in the first instance.
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New Penal Code 653.29 Law (Abbrev.)
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PC 653.29(a)(1): A person currently serving a sentence for a conviction of violating former Section 653.22 [loiter with intent to commit prostitution]…, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction…. (Abbrev.)
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PC 653.29(a)(2): Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid and shall seal the conviction as legally invalid.
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PC 653.29(b)(1): A person who has completed their sentence for a conviction of violating Section 653.22 [Loitering with intent to commit prostitution]…, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid (Abbrev.).
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PC 653.29(b)(2): The court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in paragraph (1). Once the applicant satisfies the criteria in paragraph (1), the court shall seal the conviction as legally invalid.
Diversion & PC 653.22(a): A criminal charge of loiter with intent to commit in prostitution, which was diverted pursuant to PC 1000 or PC 1001, should not require a PC 653.29 petition to seal and destroy the records related to that diverted criminal charge. This is because PC 851.91 and PC 851.92 already allow for the arrest record related to a diverted criminal charge, which was diverted pursuant to PC 1000 and PC 1001, to be seal and destroyed upon successful petition.
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Expungement & PC 653.22(a): California's new law on overturning, sealing and destroying a prior PC 653.22 conviction [loiter with intent to commit prostitution] should apply to a PC 653.22 case that was expunged after conviction. This is because an expungement does not seal and destroy the criminal record associated with the PC 653.22 conviction, and California's new law is intended to clean the defendant's criminal record entirely on the issue.
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Note: California's new PC 653.29 law, which overturns a PC 653.22(a) conviction is limited in that the federal government may still have access to the criminal conviction for purposes of immigration law, military service, and other federal government agency business.
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For more information on how to petition the court to overturn, seal and destroy a criminal conviction for PC 653.22(a) [Loiter with intent to commit prostitution], contact our sex crimes criminal defense lawyers today. We offer post-conviction relief for all felony and misdemeanor California sex crimes. Our successful and experienced team is available for free and discreet consultations every day of the week. Call today!
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909-913-3138
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