Sharman
People v. Sharman
Opinion
Opinion
Coughlin, J.
Defendant was convicted of the offense of possession of marijuana, i.e., a violation of Health and Safety Code section 11530, upon a plea of guilty; was granted and satisfactorily completed probation; was permitted to withdraw her plea of guilty, whereupon the case was dismissed pursuant to Penal Code section 1203.4; moved the court to seal the record of her conviction and all public official records filed in the cause, which was denied; and appeals from the order denying her motion.
A copy of the arrest disposition report by the Bureau of Criminal Identification and Investigation, compiled pursuant to Penal Code sections 11115, 11116, 11116.6 and 11117, is a part of the records filed in the cause.
Defendant contends the records should be sealed to secure to her the benefits of Penal Code section 1203.4 which provides upon a dismissal of the case pursuant thereto, a defendant “shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted”; and access by the public to the information contained in the records in her case is a penalty and disability within the meaning of the statute. It would be…