In re Dean W.
G053807
| Cal. Ct. App. | Nov 3, 2017Background
- Juvenile ward (Dean W.) admitted misdemeanor DUI (Veh. Code §23152(b)), was declared a ward and placed on probation.
- At disposition the ward signed and was orally given the Watson advisement (Veh. Code §23593) warning that DUI is "extremely dangerous to human life" and may support murder charges if someone is killed.
- After successfully completing probation, the ward petitioned under Welf. & Inst. Code §786 to have his juvenile records sealed.
- The juvenile court ordered records sealed but excluded the Watson advisement document; the DA opposed sealing it on public‑policy grounds.
- Ward appealed; appellate court reviewed statutory interaction between §786 (mandatory sealing of juvenile records upon successful completion) and Veh. Code §23593 (court advisement/record of advisement).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court could exclude the Watson advisement from sealing under Welf. & Inst. Code §786 | DA: Advisement should remain available for future prosecutions (e.g., to prove implied malice) — public policy exception | Ward: §786 requires sealing “all” records relating to the dismissed petition, so the advisement must be sealed | The court held §786’s unambiguous mandate to seal all records controls; the Watson advisement must be sealed |
| Whether Vehicle Code §23593 (Watson advisement) overrides §786 sealing | DA: §23593’s evidentiary purpose justifies preserving the advisement | Ward: §23593 does not contain an "notwithstanding any other law" clause and does not exempt the advisement from sealing | The court held §23593 contains no override language; it does not exempt the advisement from §786 sealing |
| Whether the court must order agencies (law enforcement, probation, DOJ) to seal their copies | DA: Public‑safety concerns argue against complete sealing | Ward: §786 expressly requires those agencies to seal records upon dismissal | The court held §786 mandates sealing by those agencies and directed the juvenile court to order them to seal the records |
| Whether DMV records containing notice of advisement must be sealed and whether the juvenile court should exercise discretion to order sealing of other public‑agency records | DA: DMV reporting requirements (Veh. Code §§1803,1816,23592) may mean advisement or a notice is in DMV files and should remain | Ward: §786 subdivision (e)(2) allows the court to order sealing of records held by other public agencies like DMV | The court remanded to let the juvenile court determine whether DMV records (and other public‑agency records) should be sealed under §786(e)(2) |
Key Cases Cited
- People v. Watson, 30 Cal.3d 290 (establishes implied malice can apply to DUI deaths and supports advisement rationale)
- In re Joshua R., 7 Cal.App.5th 864 (discusses interplay of §786 sealing and statutory exceptions; firearm form exemption under Pen. Code §29820 held narrowly applicable)
- In re A.V., 11 Cal.App.5th 697 (confirming mandatory sealing obligation once juvenile satisfactorily completes probation)