SCOTT A. v. Superior Court

Opinion

KINGSLEY, J.

Since they turn on the same issue—namely the interpretation of section 781 of the Welfare and Institutions Code in the light of chapter 1748, California Statutes 1971—we deal with all three cases in this one opinion.

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[294]

Petitioners Scott A. and Ricky C. were the subjects of . juvenile court proceedings in which they were made wards of the court; petitioner Robert J. was arrested, and released without any formal proceedings having been instituted. All three were under the age of 18 when their involvement with the law occurred; five years have not passed since such involvement; each is now over the age of 18. Each sought, purportedly under section 781 of the Welfare and Institutions Code, to have the court “seal” their juvenile records. The trial court denied their petitions on the ground that the 1971 statute did not operate to change the age limitation in section 781; the court did not rule on the merits of the petition in any other respect. We conclude that the trial court did not err.

So far as is here pertinent, section 781 of the Welfare and Institutions Code reads as follows: “(a) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a. dependent child or ward of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency,

or, in any case, at any time after the person has reached the age of 21 years,

petition the court, for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, and public officials as petitioner alleges, in his petition, to have custody of such records.” (Italics added.)