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Name: In re Taylor C. (2024) 101 Cal.App.5th 492
Case #: A168282
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/16/2024
Summary

Juvenile was statutorily ineligible for sealing of juvenile records because of an offense requiring sex offender registration, even though the juvenile court dismissed his wardship petition. Taylor was declared a ward of the court at age 14. After his wardship ended several years later, he successfully moved to dismiss his wardship petitions under Welfare and Institutions Code section 782. He then sought to seal his juvenile court records. However, the juvenile court denied his request on grounds that his prior adjudications for committing forcible lewd conduct made his records ineligible for sealing under section 781, subdivision (a)(1)(F). Taylor appealed, arguing that the dismissal of his wardship petitions erased the adjudication of his offenses as if they never existed. Held: Affirmed. The dismissal of a juvenile petition under section 782 does not obviate the prohibition on sealing records under section 781, subdivision (a)(1)(F) in cases involving certain delineated offenses. Taylor’s records are ineligible for sealing because section 782, subdivision (e) provides that dismissal of a petition does not alone constitute a sealing of records, and section 781(a)(1)(F) precludes sealing due to the forcible lewd conduct offenses under Penal Code section 288, subdivision (b)(1). [Editor’s Note: The Court of Appeal distinguished In re David T. (2017) 13 Cal.App.5th 866 on the grounds that David T. interpreted an earlier version of section 782 that, unlike the current version, did not include any limitation on the relief offered by dismissal.]