Sharman

People v. Sharman

Caution
17 Cal. App. 3d 550·1971 Cal. App. LEXIS 1500·95 Cal. Rptr. 134
Court of Appeal of CaliforniaMay 13, 1971Crim. 4258California783 words

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…

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