Joseph L. Coimbra, Esq. (SBN 257579)
COIMBRA LAW FIRM, APC
1050 Lakes Drive, Suite 225
West Covina, California 91790
Telephone: (626) 827-7222
Facsimile: (626) 784-2100
Email: joe@coimbralaw.com
Attorney for RICHARD ANDREW YOUNG.
Defendant
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
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| PEOPLE OF THE STATE OF CALIFORNIA,
PLAINTIFF, v. RICHARD ANDREW YOUNG., DEFENDANT. |
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) ) ) ) ) ) ) ) ) |
Case No.: F04903767-2
NOTICE OF MOTION AND MOTION FOR EXPUNGEMENT OF DEFENDANT’S RECORD PER PENAL CODE 1203.4 PC; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RICHARD ANDREW YOUNG IN SUPPORT THEREOF Date: Time: Dept.: |
TO THE HONORABLE JUDGE OF THE ABOVE-ENTITLED COURT AND TO THE DISTRICT ATTORNEY OF FRESNO COUNTY:
PLEASE TAKE NOTICE that on the above set date, time, and department of the Superior Court of California, County of Fresno, the Defendant will move for expungement of his criminal record pursuant to Penal Code section 1203.4.
The motion will be made on the grounds that the Defendant has gone many years without reoffending. Defendant has turned his life around to the degree he is a successful business owner, and several people vouch for his upstanding conduct. His previous offense(s) happened much before he turned his life around. Defendant has also been living in fear of people finding out his criminal record. Accordingly, it would be in the interests of justice if the Court granted the relief sought. The Defendant is not serving a sentence, is not on probation in any other case, and is not charged with any new offense.
This motion will be based on the attached MEMORANDUM OF POINTS AND AUTHORITIES and DECLARATION OF RICHARD ANDREW YOUNG. served and filed herewith on such supplemental declarations, affidavits, memoranda of points and authorities as may hereafter be filed with the court, on all the papers and records on file in this action, and on such oral and documentary evidence as may be presented at the hearing of the motion.
Dated: April 27, 2021 Respectfully Submitted,
___________________________________
Joseph L. Coimbra, Esq.,
Attorney for Defendant
Joseph L. Coimbra, Esq. (SBN 257579)
COIMBRA LAW FIRM, APC
1050 Lakes Drive, Suite 225
West Covina, California 91790
Telephone: (626) 827-7222
Facsimile: (626) 784-2100
Email: joe@coimbralaw.com
Attorney for RICHARD ANDREW YOUNG.
Defendant
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
***
| PEOPLE OF THE STATE OF CALIFORNIA,
PLAINTIFF, v. RICHARD ANDREW YOUNG., DEFENDANT. |
)
) ) ) ) ) ) ) ) ) |
Case No.: F04903767-2
MOTION FOR EXPUNGEMENT OF DEFENDANT’S RECORD PER PENAL CODE 1203.4; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RICHARD ANDREW YOUNG IN SUPPORT THEREOF Date: Time: Dept.: |
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR EXPUNGEMENT OF DEFENDANT’S RECORD UNDER PENAL CODE 1203.4
COMES NOW, Defendant RICHARD ANDREW YOUNG, and moves the Court for an order of expungement, pursuant to California P.C 203.4224. In support of his motion, Defendant would show the court the following:
STATEMENT OF PROCEDURE
Defendant was charged and convicted severally for different offenses. (See Attachment 1619209964- Defendant’s criminal record, attached herein and incorporated by reference). Defendant duly served the sentence for all the offenses in the record and was registered as a sex offender under Penal Code section 290, on or about [ENTER DATE].
Since Defendant’s last charge and conviction, he has not been convicted of any offense and there is no proceeding involving any crime which is presently pending or being instituted against the Defendant. (See DECLARATION OF RICHARD ANDREW YOUNG., attached herein and incorporated by reference.)
I.
THE STANDARDS FOR GRANTING EXPUNGEMENT UNDER PENAL CODE SECTION 1203.4
The Standards for deciding whether to grant section 1203.4 relief flow directly from the language of Penal Code section 1203.4(a):
In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation . . . the defendant shall, . . if he or she is not then serving a sentence for any offense, on probation for any offense, be permitted by the court to withdraw his or her plea of guilty or plea of no lo contendre and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant. . . . (Pen. Code § 1203.4(a).)
If the Defendant has met the conditions of section 1203.4(a), the Court must grant relief in such a case. (People v. Hawley (1991) 228 CA3d 247, 278 CR 389.). Also, an action under section 1203.4, California Penal Code, to expunge a conviction record will nullify the conviction as a basis of deportation and that such an expungement is equivalent to a pardon. (Matter of O—- T—-, A-4355094, 4 IN Dec. 265 (C.O., 1951); Matter of E—- V—-, 1610-9315, 5 IN Dec. 194.).
II.
THE ORDER GRANTING RELIEF MUST ADVISE
DEFENDANT OF CERTAIN LIMITATIONS
Penal Code section 1203.4(a) provides that:
The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. (Pen. Code § 1203.4(a)(1).)
III.
THE DEPARTMENT OF JUSTICE MUST BE NOTIFIED IF
THIS APPLICATION IS GRANTED
Penal Code section 13151 states that when the Court orders any action subsequent to the initial disposition of a case, the Court shall report this to the California Department of Justice. The report is necessary to ensure that Defendant obtains the full benefit of the Court’s order granting this application.
ARGUMENT
There is good cause to grant Defendant relief under Penal Code section 1203.4. Notably,
Defendant has gone many years without reoffending. He has turned his life around to the degree he is a successful business owner, and several people vouch for his upstanding conduct. He has about forty (40) employees that look up to him. It is worth noting that his previous offense(s) happened much before he turned his life around. Defendant has also been living in fear of people finding out his criminal record. The Defendant is not serving a sentence, is not on probation in any other case, and is not charged with any new offense. It follows; Defendant has been rehabilitated since his past convictions and leads an otherwise productive and law-abiding life. It would be in the interests of justice if the Court granted the relief sought. (See DECLARATION OF RICHARD ANDREW YOUNG., attached herein and incorporated by reference.)
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CONCLUSION
Based upon the foregoing arguments, and each of them, Defendant respectfully requests that the court, in the interest of justice, order an expungement of Defendant’s criminal record under Penal Code section 1203.4.
Dated: April 27, 2021 __________________________________
Joseph L. Coimbra, Esq, Attorney for Defendant
Joseph L. Coimbra, Esq. (SBN 257579)
COIMBRA LAW FIRM, APC
1050 Lakes Drive, Suite 225
West Covina, California 91790
Telephone: (626) 827-7222
Facsimile: (626) 784-2100
Email: joe@coimbralaw.com
Attorney for RICHARD ANDREW YOUNG.
Defendant
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
***
| PEOPLE OF THE STATE OF CALIFORNIA,
PLAINTIFF, v. RICHARD ANDREW YOUNG., DEFENDANT. |
)
) ) ) ) ) ) ) ) ) |
Case No.: F04903767-2
DECLARATION OF RICHARD ANDREW YOUNG.
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I, RICHARD ANDREW YOUNG., have personal knowledge of the facts set forth herein and if called to testify I could competently do so thereto. I declare the following under penalty of perjury, in accordance with the laws of the State of California:
- I am the Defendant named herein.
- I was previously charged and convicted of various offenses.
- I have since completed the sentences for the said offenses.
- I have not been arrested or charged with a new crime.
- I am not presently on probation for any other offense.
- I am not serving a sentence for any other offense.
- I have paid all applicable fines, fees and restitution in full.
- I am deeply remorseful for my past behavior and have conformed my lifestyle substantially in abstaining from any and all criminal activity. I have since centered my life around my family and my work goals.
- I have been rehabilitated since my past convictions and I lead an otherwise productive and law-abiding life.
- My current life has taken a major turnaround for the good. I am now a successful business owner, and several people are vouching for my upstanding conduct. I have about forty (40) employees that look up to me.
- My previous offense(s) happened much before I turned my life around. Accordingly, I have gone many years without reoffending.
- Because of my previous convictions, I have been living in fear of people finding out my criminal record.
- It is my hope that the Court would consider the aforementioned and adjudicate justly and accordingly.
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Dated: April 27, 2021 Respectfully Submitted,
_______________________
RICHARD ANDREW YOUNG.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
I am employed in the County Fresno, State of California. I am over the age of eighteen (18) and not a party to the within action; my business address [ENTER ADDRESS].
On the date executed below, I, [ENTER NAME]., or an employee/intern employed by this office, served the foregoing document described as: NOTICE OF MOTION AND MOTION FOR EXPUNGEMENT OF DEFENDANT’S RECORDS PER P.C. 1203.4; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RICHARD ANDREW YOUNG IN SUPPORT THEREOF on the interested parties in this action by placing [ ] the original and/or [xx] a true copy thereof enclosed in a sealed envelope addressed as follows:
Fresno County District Attorney Fresno County Probation Department
2100 Tulare Street 2135 Fresno Street, Suite #404
Fresno, CA 93721 Fresno, CA 93721
[ ] (BY CERTIFIED MAIL) I caused such envelope with postage thereon fully prepaid to be
placed in the United States mail at Fresno, California. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal service on that same day with postage thereon fully prepaid at Fresno, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
[ ] (BY FACSIMILE TRANSMISSION) I caused such document to be sent via facsimile to the persons on the service list at facsimile numbers listed and received a confirmed transmission report indicating that this document was successfully transmitted to the parties named.
[ ] (BY PERSONAL SERVICE) I employed a process server who delivered such envelope by hand to the home of the addressee.
[ ] (Federal) I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
[ ] (State) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
Executed on ___________________, 2021, at Fresno, California.
By: ____________________
[ENTER NAME]
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