In re K.B.
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The case arises from an appeal by a minor, K.B., from the juvenile court's order denying his request to dismiss a juvenile justice petition and seal records pertaining to his commission of several criminal offenses, for which he was adjudged a ward of the court and placed on probation. K.B. argued that he had met the requirements for "satisfactory completion" of probation and therefore, the petition should be dismissed and records sealed despite his subsequent admission for possessing marijuana for sale, an infraction.
The central legal issue in this case was the interpretation of Welfare and Institutions Code section 786, subdivision (c)(1), which provides that a subsequent wardship adjudication during probation does not preclude satisfactory completion unless it stems from "a felony offense or a misdemeanor involving moral turpitude." The Court of Appeal of the State of California Third Appellate District disagreed with the juvenile court's interpretation of the statute that any juvenile adjudication, even an infraction, precludes satisfactory completion of probation.
The appellate court held that the language of the statute, when considered in light of its purpose and to avoid absurd results, meant that the limiting phrase "for a felony offense or a misdemeanor involving moral turpitude" applies equally to juvenile wardship adjudications and adult convictions. Hence, K.B.'s infraction did not preclude satisfactory completion of probation. The court reversed the juvenile court's order and remanded with instructions to dismiss the petition and seal all records pertaining to the dismissed petition.
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