People v. Sharman

Opinion

COUGHLIN, Acting P. J.

Defendant was convicted of the offense of possession of marijuana, i.e., a violation of Health and Safety Code section 11530, upon a plea of guilty; was granted and satisfactorily completed probation; was permitted to withdraw her plea of guilty, whereupon the case was

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dismissed pursuant to Penal Code section 1203.4; moved the court to seal the record of her conviction and all public official records filed in the cause, which was denied; and appeals from the order denying her motion.

A copy of the arrest disposition report by the Bureau of Criminal Identification and Investigation, compiled pursuant to Penal Code sections 11115, 11116, 11116.6 and 11117, is a part of the records filed in the cause.

Defendant contends the records should be sealed to secure to her the benefits of Penal Code section 1203.4 which provides upon a dismissal of the case pursuant thereto, a defendant “shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted”; and access by the public to the information contained in the records in her case is a penalty and disability within the meaning of the statute. It would be unreasonable to believe the statute was directed to the release of penalties or disabilities over which the State had no control. Stated otherwise, reasonably construed, the statute is directed only to penalties and disabilities from which the State can release the offender. The fact information in the records is accessible to the public, of itself, is not a penalty or disability. Any claimed penalty or disability in the premises arises from use of the information to the disadvantage of the offender. When a member of the general public possessing that information uses it to the disadvantage of the offender the resultant penalty or disability, if any, is imposed by the person or persons possessing and using the information, such as a prospective employer or a neighborhood bridge group. Penalties or disabilities of this nature are not State imposed and, in many instances, might not be subject to State proscription.

In addition, the statute does not release an offender from all consequences of his conviction in the nature of a penalty or disability, e.g., disbarment