People v. Helton CA1/2

BACKGROUND

On February 23, 2005, defendant was arrested for rape (§ 261). (See Oakland Police Department, case no.5227378.) On March 6, 2023, representing himself, defendant filed a petition to seal his arrest record pursuant to section 851.91.2 And by order dated July 10, the trial court granted it. In March 2025, again representing himself, defendant filed a petition to seal and destroy his arrest record pursuant to section 851.8. The petition made reference to the history of his prior petition and cited to various rules and cases in a memorandum of points and authorities. But nowhere in this petition was there any reference to the facts or circumstances surrounding the crime for which defendant was arrested in 2005. On April 14, defendant’s petition came on for hearing. Defendant was not present. Defendant’s wife was present and advised the court that she has “everything that you need and [she] can speak on it.” After some discussion in which defendant’s wife admitted she was not an attorney, the court acknowledged her presence, but advised that he was not “accepting you as [defendant’s] representative,” going on to note that the court will “explain and hopefully you can…