People v. Jose S. (In re Jose S.)

*1111 Jose S., a former ward of the juvenile court, moved under Welfare and Institutions Code section 781 1 to seal juvenile records related to an admitted charge of lewd and lascivious conduct that occurred in 2002. The juvenile court denied the motion, finding Jose was precluded from relief under section 781 because of an additional admitted and disqualifying charge of assault with a deadly weapon in 2005. On appeal, Jose contends that each offense constitutes a separate case for purposes of section 781 and that the records related to his 2002 offense should, therefore, be sealed. Jose alternatively asserts that the court's denial of his motion to seal was improper because the 2005 assault does not fall within the list of disqualifying offenses set forth in section 707, subdivision (b). We reject these contentions and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In 2002, the district attorney filed a petition under section 602 alleging Jose, age 13 at the time, violated Penal Code section 288.5, subdivision (a) by engaging in three or more acts of substantial sexual conduct with his five-year-old sister. Jose admitted a violation of the lessor included offense of lewd…