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Name: In re Jeffrey T.
Case #: A111284
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/23/2006
Summary

The trial court’s conclusion that it could not order juvenile’s records sealed was proper where the offense was committed past the age of 14. Appellant moved to seal his juvenile record for battery under Welfare and Institutions Code section 781. The juvenile court denied his motion on the grounds that section 781 precludes sealing a person’s juvenile records in a case where the person was found to have committed a 707(b) offense after reaching the age of 14. Although the battery offense was not a 707(b) offense, appellant committed in addition to the battery, assault by force likely to commit g.b.i. with an enhancement for g.b.i. On appeal, appellant contended that the juvenile court erred because although the assault offense was not sealable under section 781, the battery offense was sealable because it stemmed from unrelated events on a different date and victim, even though it was joined in the same petition. The appellate court affirmed, finding that the juvenile court properly determined that it could not seal the records. Because the minor was convicted of a 707(b) offense, none of his records could be sealed regardless of what they were or how and when they were charged.