In re M.C. CA3

Filed 4/19/16 In re M.C. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re M.C., a Person Coming Under the Juvenile C079489 Court Law.

THE PEOPLE, (Super. Ct. No. JV135279)

Plaintiff and Respondent,

v.

M.C.,

Defendant and Appellant.

M.C., a minor, appeals after the juvenile court terminated her wardship and sealed the juvenile court record, but declined her request to seal all records related to the case, including all law enforcement agency records. (Former Welf. & Inst. Code, § 786, added by Stats. 2014, ch. 249, § 2, eff. Jan. 1, 2015.)1 The People argue the Legislature intended former section 786 to require courts to seal only those records within the custody of the juvenile court. We agree with the People and affirm.

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In February 2013, when M.C. was 16 years old, she shoplifted about $40 worth of earrings from Claire’s Boutique. In March 2013, M.C. sold marijuana-laced cookies at her school. In September 2013, M.C. admitted to unlawfully possessing marijuana on school grounds while school was in session (Health & Saf. Code, § 11357, subd. (e)), and stealing personal property (Pen. Code, § 484, subd. (a)). M.C. was deemed a ward of the court and placed on probation under the care and custody of her father and stepmother. (§ 725, subd. (b).) In June 2015, the juvenile court found that M.C. successfully completed probation and dismissed the petition against her. (§ 782.) M.C. requested that the court seal all records, including law enforcement agency records, pursuant to former section 786. The court sealed all juvenile court records, but denied M.C.’s request to seal all law enforcement agency records. DISCUSSION Former section 786 provided: “If the minor satisfactorily completes . . . probation under Section 725 . . . , the court shall order the petition dismissed, and the arrest upon which the judgment was deferred shall be deemed not to have occurred. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790.” (Former § 786, italics added.) Effective January 2016, former section 786 was amended to require the court to seal “all records pertaining to [a] dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice.” (§ 786, subd. (a), as amended by Stats. 2015, ch. 368, § 1, & ch. 375, § 1.5, eff. Jan. 1, 2016.)