LOS ANGELES, CA — Superior Court Judge Joseph Burghardt here Friday morning in Los Angeles County Superior Court dismissed a 22 year old felony charge – opposed by the prosecution – that allows the accused—who has been involved in rehabilitative efforts for more than 20 years—to obtain licensure as a clinical social worker.
In 2003, the accused, aged 16 at the time, was convicted for attempted murder with a gun enhancement and was sentenced to 19 years. In 2018, he was found suitable to be released on parole.
The prosecutor stated that given the nature of the charge, the length of the sentence, and the fact that a gun was used during the attempted murder, the prosecution objected to the petition for dismissal that was filed by defense.
In response, the accused’s attorney reemphasized that this case dates back to 22 years ago, and the accused was released on two years of parole with no violation.
“During his time since release, which has been six years now, he’s earned his bachelor’s degree and his master’s degree…he currently works at LA City College as an academic counselor and he’s assisting other students who have had previous experience with the system,” the DPD stated.
The DPD also noted the accused has been using his personal experience as a means of assisting and guiding other youth who have been in the same position as him.
“16 is like…a lifetime ago for many of us, and since then he (accused) has done an extraordinary amount of reflection,” the DPD added.
The DPD added the accused is working towards his license to become a clinical social worker, though he is unable to become licensed unless this case is expunged.
The accused then began to share with the court his expression of remorse for the victim and the victim’s family and community.
“It changed the trajectory of my life personally, academically, and professionally,” the accused said, adding he is proud of being part of the one percent of individuals with a felony who went on to obtain a master’s degree, and has worked with over 200 formerly incarcerated students at LA City College, assisting many in transferring to top universities in the state.
Judge Burghardt then noted the issue of dismissing this case had been raised before in 2023, when he had told the accused that it could be considered in a few years.
“I guess my question is why do you need this now, as opposed to a year from now?” Judge Burghardt inquired.
In response, the accused said he was recently denied when trying to obtain his license as a clinical social worker, which he wants to become in hopes of serving his community in a more “extensive” manner.
Judge Burghardt emphasized, “This is a very serious case…it did happen in 2003 and the (accused) was only 16 at the time.” The judge continued to relist the accused’s accomplishments and rehabilitative efforts since his felony conviction in 2003.
“In the end, the purpose of this section is to remove the obstacles to people who have been rehabilitated so that they can obtain better jobs and not hinder their rehabilitation in the community,” Judge Burghardt stated.
Ultimately, Judge Burghardt granted permission for dismissal, ordering that the plea of guilty or no contest be set aside and vacated.
As a reminder, Judge Burghardt stated the accused’s prior could still be used against him if the accused were to commit new offenses, even though permission for dismissal was granted—though he has no concerns that he will.
