People v. Pruett

Opinion

KANE, J.

Upon certification by the superior court, we ordered transfer of the appeal in this case, pursuant to Code of Civil Procedure section 911, in order to settle an important question of law, to wit, whether section 851.7 of the Penal Code, to the extent that it prohibits the sealing of arrest records of narcotics offenses charged as misdemeanors, is unconstitutional as a denial of equal protection of the laws.

Defendant, while a minor, was arrested and charged in the Justice Court for the Pleasanton Judicial District with two misdemeanor violations, (1) a violation of section 11530 of the Health and Safety Code (possession of marijuana), and (2) a violation of section 11556 (being in a place where marijuana was .being used). Two days later, upon motion of the prosecuting attorney, the charges were withdrawn and the case dismissed. Defendant thereafter petitioned for an order sealing the records in the case, including any records of arrest and detention, pursuant to section 851.7 of the Penal Code. The petition was denied because the violations charged were crimes defined in Division 10 of the Health and Safety Code within the meaning of subdivision (e)(2) of section 851.7 of the Penal Code. On appeal, the superior court, relying on the authority of

People

v.

Ryser

(1974) 40 Cal.App.3d 1 [114 Cal.Rptr.

[331]

668], reversed the order denying the petition and ordered defendant’s arrest record sealed.

1

We agree with the superior court that

People

v.

Ryscr

is controlling authority. Defendant here, as in

Ryser,

was charged with misdemeanor offenses under the option granted to the prosecuting attorney in Penal Code section 17, subdivision (b)(4). When so charged, under the circumstances shown here, the crimes charged became misdemeanors “for all purposes.” (Pen. Code, § 17, subd. (b);