People v. Thompson CA4/2

DISCUSSION

On appeal, defendant contends that the trial court erred in denying his section

851.91 petition. In their respondent’s brief, the People contend that “the trial court

properly denied the section 851.91 petition because, under the subdivision plead, no relief

was permitted. However, as a different subdivision would appear to permit relief, [the

People do] not oppose a remand to allow [defendant] to amend his petition to assert that

All further statutory references are to the Penal Code unless otherwise specified.

2 relief should be granted in the interest of justice.” For the reasons set forth post, we agree

with the parties that defendant’s second arrest should be sealed from his criminal records

under section 851.91, subdivision (c).

A. ADDITIONAL PROCEDURAL HISTORY

On August 1, 2015, defendant was arrested for felony interfering with a police

officer. About six months later, on February 10, 2016, the prosecution filed a complaint

and recommended that bail be set at $50,000. According to defendant’s petition, and not

disputed at the hearing on the petition, defendant’s “own recognizance” status was

revoked on March 2, 2016, and he was remanded…