In re Mario L. CA4/1

DISCUSSION

I. Former Section 786

Minor contends the juvenile court erred by not sealing the records relating to his

first dismissed petition for which he completed probation. According to Minor, former

section 786, which became effective on January 1, 2015, required the court to seal his

previously dismissed petition. The People respond that the court had no power to apply

former section 786 to seal a petition that was dismissed in 2011, prior to the statute's

effective date. We agree with the People.

We are guided by the well-established rule that a "new or amended statute applies

prospectively only, unless the Legislature clearly expresses an intent that it operate

retroactively." (People v. Ledesma (2006) 39 Cal.4th 641, 664; see Evangelatos v.

Superior Court (1988) 44 Cal.3d 1188, 1207 [" '[it] is an established canon of

interpretation that statutes are not to be given a retrospective operation unless it is clearly

made to appear that such was the legislative intent' "].)

Furthermore, to ascertain the Legislature's intent, we "must look to the statute's

words and give them their usual and ordinary meaning. [Citation.] The…