In re Micah Y. CA1/3

Filed 6/24/22 In re Micah Y. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re Micah Y., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, No. A162902 v. (Solano County Micah Y., Super. Ct. No. J21996) Defendant and Appellant.

More than two decades after the juvenile court terminated delinquency jurisdiction, Micah Y. moved to dismiss and seal his juvenile court records pursuant to Welfare and Institutions Code section 786. (Undesignated statutory references are to this code.) The juvenile court denied the motion. We affirm. BACKGROUND In 1990, Micah, then twelve years old, admitted committing unlawful sexual intercourse with another minor. The juvenile court declared Micah a ward of the court and placed him on probation. The prosecution filed supplemental wardship petitions while Micah was on probation, and Micah admitted committing two felonies and several misdemeanors. In 1993, the

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court terminated jurisdiction over Micah after finding he successfully completed probation. Subsequently, Micah suffered felony convictions — as a juvenile and an adult — for car theft, evading a police officer, and illegal firearm possession. He also suffered numerous misdemeanor convictions, including for reckless driving. In 2018, and again in 2019, Micah moved to seal his juvenile records pursuant to section 781. The juvenile court denied the motions. It found Micah was ineligible for relief under section 781 because he suffered “felony convictions subsequent to his successful completion of probation.” In 2021, Micah sought relief for a third time. As relevant here, Micah moved to dismiss and seal his juvenile court records pursuant to section 786. The prosecution opposed the motion, arguing Micah was not entitled to relief because the statute took effect more than two decades after Micah completed probation. After considering extensive briefing and argument, the court denied the motion. Relying on In re O.C. (2019) 40 Cal.App.5th 1196 (O.C.), the court reasoned that section 786 did not apply because Micah completed probation before the statute’s January 2015 effective date. DISCUSSION Micah’s sole contention is section 786 mandates the “sealing and destruction of his juvenile record.” He is mistaken. Sections 781 and 786 allow “for the sealing of a minor’s juvenile delinquency file.” (S.V. v. Superior Court (2017) 13 Cal.App.5th 1174, 1181.) “Section 781 provides for a noticed petition procedure for sealing a person’s juvenile court records.” (O.C., supra, 40 Cal.App.5th at p. 1204.) Under that statute, a person may petition the juvenile “court to seal the person’s juvenile court records . . . ‘in any case’ after the person has reached age 18, and in other circumstances.” (O.C., at p. 1200.) To obtain relief under section 781,