In Re SA

California Court of Appeal Apr 1, 1970 No. 26496Published

Before: Elkington

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Holding. The court held that Welfare and Institutions Code section 781, which governs the sealing of juvenile records, does not violate equal protection or due process, and that Penal Code section 1203.4 is inapplicable to juvenile court wards.

Issues

Whether Penal Code section 1203.4 applies to juvenile court wards.
Whether Welfare and Institutions Code section 781 violates the equal protection or due process clauses of the Constitution.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Penal Code section 1203.4 relates to persons who have been convicted of crime. Appellant has not been convicted of a crime; she was adjudged to be a ward of the juvenile court.”

“Clearly Welfare and Institutions Code section 781 does not deny to appellant, or juvenile court wards generally, the equality guaranteed by the equal protection clause.”

6 Cal.App.3d 241 (1970) 85 Cal. Rptr. 775 In re S.A., a Person Coming Under the Juvenile Court Law.

S.A., Plaintiff and Appellant,

JAMES D. CALLAHAN, as Chief Probation Officer, etc., Defendant and Respondent.

Docket No. 26496. Court of Appeals of California, First District, Division One.

April 1, 1970. [242] COUNSEL

Jack H. Lipian and Frederick D. Gottfried for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and William D. Stein, Deputy Attorneys General, for Defendant and Respondent.

[243] OPINION

ELKINGTON, J.

Appellant S.A. is a minor, now 19 years of age. From three petitions, contemporaneously filed by her in the juvenile court, the following appears. On three occasions, the first on May 24, 1965, she was adjudged by that court to have come under the provisions of Welfare and Institutions Code section 601. The conduct which formed the basis of the adjudications was, consecutively, staying away from home overnight, truancy and battery, and possession of narcotics. She alleged that probation granted by court has now terminated and that she "is not serving a sentence for any offense, nor is under charge of commission of any crime, and has since said termination of said probation, lived an honest and upright life, and has conformed to and obeyed the laws of the land." Each of her petitions prayed "that the finding of guilt be set aside, and that a plea of not guilty be entered, and that the court dismiss this action pursuant to section 1203.4 of the Penal Code." The requested relief being denied, she appeals from the order denying each of the three petitions.

(1) Her contention is that the provisions of Penal Code section 1203.4 relating to the release from penalties and disabilities of one convicted of crime should apply to her case.[1] The supporting argument is that one convicted of crime may promptly upon completion of probation apply for release from the penalties and disabilities of his offense, while she, a lesser noncriminal offender, now released from probation, must under Welfare and Institutions Code section 781, wait until she reaches the age of 21 before she may apply for substantially similar relief.[2] This result,

In Re SA

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ELKINGTON, J.

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