In Re James H.
People v. James H.
Opinion
Opinion
Siggins, J.
Here we conclude that juvenile court records sealed pursuant to Welfare and Institutions Code section 781 by court order, upon a probation officer’s recommendation, may not be disclosed to the Board of Parole Hearings (BPH) for use in a proceeding to declare a prisoner a sexually violent predator (SVP) under section 6600 et seq. We vacate an order granting the petition of BPH to obtain the sealed juvenile court records of appellant James H.
FACTS AND PROCEDURAL HISTORY
In 1987, the Mendocino County Juvenile Court sustained a delinquency petition alleging that at age 17, appellant had committed three lewd acts with a minor under 14. (§ 602; Pen. Code, § 288, subd. (a).) Appellant was committed to the California Youth Authority (CYA) and was discharged on February 13, 1990.
On August 23, 1991, appellant requested that the court seal his juvenile records under section 781. The probation officer filed a report and proposed order recommending that jurisdiction be terminated and the records sealed. The court granted the request and ordered the records sealed on October 29, 1991. Appellant’s wardship was terminated and dismissed on November 4, 1991.