In Re Chong K.

On January 9, 1996, the juvenile court committed appellant to the California Youth Authority (CYA) based on findings in two petitions that he committed the crimes of evading a peace officer by vehicle chase, murder, conspiracy to commit murder, and unlawful taking of a vehicle. On October 15, 2004, appellant was honorably discharged from CYA.

On July 12, 2005, at appellant’s request, the probation department filed a petition to have his record sealed. (Welf. & Inst. Code, § 781, subd. (a).) On August 1, the court found appellant eligible to have his record sealed, but not yet suitable, and continued the matter to September for him to obtain counsel. On September 12, 2005, the court appointed the public defender to represent appellant.

On January 6, 2006, the court concluded appellant was not eligible to have his juvenile record sealed and denied the petition.

On appeal, appellant contends the court erred in determining that an amendment to section 781 in 2000, which provided that persons over 14 years of age who committed murder could not have their juvenile records sealed, applied to him. In his view: (1) the amendment does not apply to offenses occurring before 2000;…