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Jessica D. v. Superior Court (People)

California Court of Appeals, Fourth District, First Division
Jul 16, 2008
No. D053233 (Cal. Ct. App. Jul. 16, 2008)

Opinion


JESSICA D., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent THE PEOPLE, Real Party in Interest. D053233 California Court of Appeal, Fourth District, First Division July 16, 2008

NOT TO BE PUBLISHED

PROCEEDINGS in mandate after order denying motion to seal juvenile records. San Diego County Super. Ct. No. J161256, Laura H. Parsky, Judge.

NARES, Acting P. J.

FACTUAL AND PROCEDURAL BACKGROUND

The juvenile court declared Jessica D. a ward after she committed various theft crimes in 1991. In 1996 the court modified the wardship to court supervision. The court terminated jurisdiction on September 16, 1997, after Jessica paid her restitution fines in full.

On November 20, 2007, Jessica petitioned the court to seal her juvenile records under Welfare and Institutions Code section 781, subdivision (a) (all statutory references are to the Welfare and Institutions Code). That section authorizes the court to seal the records if it finds the former ward is rehabilitated and has not been convicted of a felony or any misdemeanor involving moral turpitude since termination of juvenile court jurisdiction.

Jessica stated she is now 30 years old and the mother of five children, she has remained law-abiding and is employed as a certified nurse's assistant. Jessica claimed she has been denied career advancement because of her juvenile record. She wants to return to school to obtain a vocational nursing license. The probation department reported Jessica has no adult criminal record and no outstanding fines, but recommended against sealing because of "unsuccessful termination" of probation.

At a hearing on April 21, 2008, Jessica, the deputy district attorney and the court all assumed Jessica's probation had been terminated as "unsuccessful" and the court denied the motion to seal on that ground. On May 7, 2008, Jessica moved for reconsideration, claiming the September 16, 1997, minute order terminating jurisdiction did not reflect that her probation was unsuccessful. Apparently the court never ruled on the motion. Jessica filed this petition and a notice of appeal.

We asked the People for an informal response to the petition. The People reviewed Jessica's file and concluded probation was not terminated as unsuccessful. The People concede Jessica is "exactly the sort of person the Legislature had in mind when [it] enacted . . . section 781, [subdivision] (a)," and she is entitled to relief. In light of the People's concession, we conclude no useful purpose could reasonably be served by issuance of an order to show cause or plenary consideration of the matter. (Ng v. Superior Court (1992) 4 Cal.4th 29, 35; see also People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7.)

DISPOSITION

Let a writ of mandate issue directing the superior court to vacate its April 21, 2008, order denying the petition to seal juvenile records and enter a new order granting the petition. This opinion is final immediately as to this court. (Cal. Rules of Court, rule 8.264, subd. (b)(3).)

WE CONCUR: AARON, J., HALLER, J.


Summaries of

Jessica D. v. Superior Court (People)

California Court of Appeals, Fourth District, First Division
Jul 16, 2008
No. D053233 (Cal. Ct. App. Jul. 16, 2008)
Case details for

Jessica D. v. Superior Court (People)

Case Details

Full title:JESSICA D., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jul 16, 2008

Citations

No. D053233 (Cal. Ct. App. Jul. 16, 2008)