In re G.Y.

Appellant G.Y. has appealed from an order denying his petition to seal his juvenile records. Though appellant provided overwhelming evidence of his rehabilitation, the juvenile court properly concluded that it had no authority to seal his juvenile records pursuant to Welfare and Institutions Code section 781. 1 We respectfully invite the Legislature to enact legislation that would remedy this unjust result.

I. Factual and Procedural Background

In November 1998, after appellant was beaten by a group of men in a park, he went to his friend’s house. He and his friend then took the friend’s father’s *1199 handgun and drove to the assailants’ house. Appellant held the gun to a woman’s head and threatened to shoot her unless she summoned the men from inside the house. She did so and two men, who were holding baseball bats, came out of the house. Appellant threatened to shoot one of the men, but he and his friend left.

In November 1998, the district attorney filed a juvenile wardship petition (§ 602, subd. (a)), which alleged that appellant, who was then 17 years old, committed two counts of assault with a handgun and by means of force likely to produce great bodily injury…

Concurring. — Under the present law, I must concur in the judgment. As a juvenile, G.Y. was found to have committed an offense listed in Welfare and Institutions Code section 707, subdivision (b) and thus he is not eligible to have his juvenile records sealed *1205 pursuant to Welfare and Institutions Code section 781, subdivision (a), even though his original offense was subsequently reduced to a misdemeanor.

In 2000, the electorate enacted Proposition 21, which amended Welfare and Institutions Code section 781, subdivision (a) to prohibit the sealing of records for offenses listed in Welfare and Institutions Code section 707, subdivision (b). The goal was to “ ‘eliminat[e] confidentiality in some juvenile proceedings in order to hold juvenile offenders more accountable for their actions.’ [Citation.]” (In re Jeffrey T. (2006) 140 Cal.App.4th 1015, 1021 [ 44 Cal.Rptr.3d 861 ].)

In enacting the amendment to Welfare and Institutions Code section 781, subdivision (a) in 2000, the electorate clearly did not contemplate an individual such as G.Y., who has so greatly and unquestionably rehabilitated and distinguished himself. G.Y. has not merely refrained from any further criminal…

I. Factual and Procedural Background

In November 1998, after appellant was beaten by a group of men in a park, he went to his friend’s house. He and his friend then took the friend’s father’s handgun and drove to the assailants’ house. Appellant held the gun to a woman’s head and threatened to shoot her unless she summoned the men from inside the house. She did so and two men, who were holding baseball bats, came out of the house. Appellant threatened to shoot one of the men, but he and his friend left. In November 1998, the District Attorney filed a juvenile wardship petition (§ 602, subd. (a)), which alleged that appellant, who was then 17 years old, committed two counts of assault with a handgun and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1) – counts 1 and 3), two counts of making criminal threats (Pen. Code, § 422 – counts 2 and 4), and one count of possession of a concealable firearm (Pen. Code, former § 12101, subd. (a) – count 5). It was also alleged that appellant personally used a firearm in the commission of counts 1 through 4. (Pen. Code, former § 12022.5, subd. (a)(1), § 1203.06.) A month later, appellant admitted the…