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Name: People v. Vasquez
Case #: S085584
Court: CA Supreme Court
District CalSup
Opinion Date: 07/05/2001
Subsequent History: None

SVPA case Appellant was civilly committed under the Sexually Violent Predators Act (SVPA). One of the qualifying convictions was a Texas conviction for child sexual abuse which had been vacated under a Texas probation statute similar to Penal Code section 1203.4. The Court of Appeal held that the vacated conviction could not be relied upon in an SVPA proceeding, and the prosecution appealed. Here, the California Supreme Court reversed the conviction of the Court of Appeal. The order made under the Texas probation statute did not expunge the record or render legally nonexistent the criminal conviction. By terms of the statute itself, a conviction can be made known in future criminal proceedings and used in child care facility licensing. The statute merely restores the civil rights of the convicted person. Therefore, a conviction set aside upon completion of probation may support invocation of civil restrictions that are imposed for the public’s protection rather than for punishment. The SVPA requires only that the defendant “has been convicted” of sexually violent offenses. Appellant fit the definition, despite the mitigation of punishment following probation.