People v. FRANK M.

The California Attorney General appeals from an order denying his motion to vacate a prior order directing that all records resulting from the arrest of defendant be sealed and ultimately destroyed.

The pertinent facts are that defendant was arrested on July 2, 1982, and was thereafter charged with a misdemeanor offense (or offenses) which had resulted in injury to another person. Defendant later moved that the criminal prosecution against him be compromised and dismissed pursuant to sections 1377 and 1378 of the Penal Code.

Those statutes provide that if a person who is injured by an act constituting a misdemeanor has a remedy by civil action, that person may appear in the court in which the criminal prosecution is pending and acknowledge that he has received satisfaction for his injury. In the event that he does so, the court in the criminal action may exercise its discretion by ordering that the criminal proceedings be suspended and the defendant dischargecl therefrom. (§ 1378.) In this instance, the trial court in the criminal action determined that defendant was entitled to the relief requested and therefore ordered the criminal action compromised and…