McGuire

McGuire v. Superior Court

Good Law
12 Cal. App. 4th 1685·16 Cal. Rptr. 2d 726·1993 Cal. App. LEXIS 125·93 Daily Journal DAR 1906·93 Cal. Daily Op. Serv. 1011
Court of Appeal of CaliforniaJanuary 29, 1993A059405California751 words

Opinion

Opinion

Perley, J.

In this opinion we consider whether a defendant may inspect his probation file.

On May 4, 1992, petitioner through counsel requested from the probation department a copy of his own probation file under the provisions of the Public Records Act. (Gov. Code, § 6250 et seq.) On May 26, 1992, the department through its counsel, the city attorney, refused the request contending that the records are specifically exempted from the Public Records Act because they are court records and are protected from disclosure by statute and by their confidential nature.

Petitioner then filed a petition for mandate in respondent court. The petition states that petitioner was convicted of felony offenses in the San Francisco Superior Court and placed under the supervision of the chief probation officer. Petitioner disclosed no reason why he wanted the file but merely stated that he is aggrieved by the refusal of the probation department “which will result in irreparable damage to petitioner in that he is being deprived of information to which he has a statutory right.”

The petition was denied and petitioner applied for relief to this court.

As explained by the court in Copley Press, Inc. v.…

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