In re I.F.

A 2012 wardship petition alleged that defendant, age 15, committed second-degree robbery by means of force or fear and possessed marijuana. He admitted grand theft. The court dismissed count two, declared defendant a ward of the court, and placed him on probation. During defendant’s probationary term, he sustained 21 referrals, prompting eight additional wardship petitions and resulting in four sustained felonies and eight sustained misdemeanors. Defendant was placed in residential treatment. Defendant’s placement ended in November 2014, days after his 18th birthday. In December 2014, the juvenile court found that defendant had successfully completed probation, terminated jurisdiction and wardship, and dismissed defendant’s probation violation petitions. Defendant asked the court to seal his juvenile records (Welfare and Institutions Code 781(a)). An April 2015 complaint charged defendant with attempted murder and robbery. The prosecutor sought disclosure of his juvenile records for purposes of impeachment. In response to a court order, the probation department recommended that the court deny defendant’s motion because “rehabilitation has not been attained.” The juvenile court denied defendant’s petition and granted the prosecution’s petition. The court of appeal reversed and remanded for consideration under section 786, in effect at the time of the adjudication, rather than under section 781, which was in effect when defendant filed his petition. View "In re I.F." on Justia Law