People v. G.F. (In re G.F.)
12 Cal. App. 5th 1
| Cal. Ct. App. 5th | 2017Background
- Minor G.F. was charged by a section 602 petition for possessing a weapon on school grounds.
- At arraignment the People moved to “dismiss the petition pursuant to section 654” and requested informal handling; the court dismissed the petition without prejudice and directed informal probation follow-up.
- G.F. successfully completed the informal program supervised by probation and then moved under Welf. & Inst. Code § 786 to have juvenile records sealed.
- The People opposed, arguing § 786 applies only when the supervision was pursuant to § 654.2 (not § 654), so sealing was unavailable.
- The trial court denied the motion; the appellate court reviewed the denial de novo and reversed, ordering sealing under § 786.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 786 requires that the minor have completed supervision under § 654.2 (not § 654) before sealing records | G.F.: § 786 applies because he completed the informal supervision after a petition was filed (functionally § 654.2 relief) | People: § 786 applies only to supervision pursuant to § 654.2; here the petition was dismissed under § 654 so § 786 does not apply | Court held § 786 applies — dismissal at arraignment did not preclude § 786 relief; once a petition is filed the program is governed by § 654.2 and the People cannot rely on a premature § 654 dismissal to deny sealing |
Key Cases Cited
- In re Gina S., 133 Cal.App.4th 1074 (state court 2005) (standard of independent appellate review for juvenile court rulings)
- People v. Cornett, 53 Cal.4th 1261 (Cal. 2012) (statutory interpretation principles; plain meaning controls)
- People v. Bell, 241 Cal.App.4th 315 (Cal. Ct. App. 2015) (court may disregard literal statutory language to avoid absurd result)
- In re Y.A., 246 Cal.App.4th 523 (Cal. Ct. App. 2016) (purpose of § 786: streamlined sealing for minors who complete supervision after filing of a petition)