In re W.R.

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In a wardship petition under Welfare and Institutions Code 602, W.R. admitted possession of a dagger and was made a ward of the court. Subsequent petitions alleged vandalism, truancy, probation violations, and other matters. After a seventh petition, alleging assault by means of force likely to cause great bodily injury, W.R. was found not competent to stand trial. After an out-of-state placement, W.R. moved to seal his juvenile records. The court of appeal concluded the records in a case dismissed as part of a plea bargain with another case should have been sealed and that the court had discretion under section 786(e)(1) to seal records pertaining to another petition in which the allegations were not sustained; but did not have the discretion to seal records pertaining to a petition filed after the last petition for which the minor was placed on probation. The California Supreme Court remanded for reconsideration in light of amendment to section 786(e), effective January 1, 2018: “If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court,... or if the petition is not sustained ... the court shall order sealed all records pertaining to the dismissed petition. The court of appeal concluded that amended section 786(e) should apply prospectively to a minor’s case on remand and requires sealing of W.R.’s records. View "In re W.R." on Justia Law