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Name: In re K.B. (2024) 99 Cal.App.5th 348
Case #: C098376
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/30/2024

A juvenile ward’s commission of an infraction following his otherwise successful completion of probation did not render him ineligible for dismissal of his wardship petition and sealing of records. The minor was placed on probation after admitting a count of disturbing the peace. A few months later, the minor admitted two felony counts of vandalism and two misdemeanor counts of burglary and the juvenile court continued his wardship and probation. His last offense was possession of cannabis for sale, an infraction. Over a year later, the probation department filed an application for dismissal of the minor’s wardship and all juvenile court proceedings and sealing of records, on grounds the minor satisfied all conditions of probation. The district attorney and minor disagreed on whether the second petition should be dismissed and the records sealed, with the district attorney arguing that the infraction rendered the minor ineligible for this relief. The juvenile court agreed with the district attorney and denied the application. The minor appealed. Held: Reversed. Under Welfare and Institutions Code section 786(c)(1), satisfactory completion of informal supervision or a term of probation “shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or misdemeanor involving moral turpitude during the period of supervision or probation” and has otherwise complied with the terms of his or her probation. Here, the minor’s infraction did not preclude satisfactory completion of probation. Under the plain language of the statute, its purpose, and to avoid absurd results, the phrase “for a felony offense or a misdemeanor involving moral turpitude” must be construed as applying to juvenile adjudications. The minor’s cannabis infraction was neither a felony offense nor a misdemeanor involving moral turpitude. Thus, he was not precluded from relief under section 786.