In re D.M. CA5

DISCUSSION

Standard of Review and Applicable Law Section 786 provides that if “a minor satisfactorily completes … a term of probation for any offense, the court shall order the petition dismissed” and “shall order sealed all records pertaining to that dismissed petition.…” (§ 786, subd. (a).) “For purposes of [section 786], satisfactory completion of … another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.” (§ 786, subd. (c)(1).) Whether a juvenile has any new wardship findings or convictions, and whether a juvenile has “not failed to substantially comply” with the probation terms “that are within his or her capacity to perform,” are factual matters. Findings of fact are reviewed for substantial evidence. (People v. Superior Court (Jones) (1998) 18 Cal.4th 667, 694.)

3 Where a specific result is required absent a finding of…