P. v. E.B.
Annotate this CaseIn 1995, E. pleaded guilty to oral copulation with a minor. He successfully completed his probation. In 2011, he sought relief under Penal Code 1203.4. The superior court permitted E. to withdraw his guilty plea and dismissed the complaint. In 2018, the court granted E. a certificate of rehabilitation and later granted E.’s motion to reduce the offense to a misdemeanor. E. was removed from the sex offender registry. E. filed a petition to seal his arrest records under section 851.91. The court denied the petition, finding that E.’s dismissal under section 1203.4 did not satisfy the requirements for section 851.91 relief: “I take ... the use of the word vacate to mean on appeal ... I don’t think … 1203.4 constitutes a vacation of conviction as contemplated" by section 851.91. The court of appeal affirmed. While section 851.91 created a statutory right to have arrest records sealed in certain circumstances, relief under section 1203.4 is not one of those circumstances. E. cannot bootstrap section 1203.4’s requirement that a successful petitioner be released from further “penalties or disabilities” to create an entitlement to relief under section 851.91. Any penalty or disability is the result of actions by the person possessing and using the information, not by the state.
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