COURTS CAN'T USE JUVI RECORDS IN A SEXUALLY VIOLENT PREDATOR PROCEEDING
When James H. was a juvenile, he had a juvenile court wardship finding that he violated California Penal Code section 288(a). His juvenile record was sealed under California Welfare & INstitutions Code section 781. James H. then got convicted of new sex crime in adult court.
When it was time for his release from custody on the new adult conviction, they claimed he was a sexually violent predator (SVP). The Board of Parole Hearings wanted to conduct
a review to determine whether he was an SVP, so they sent a letter to the juvenile court asking for the the juvenile court records.
The juvenile court sent them right along. The California Court Appeals holds that the juvenile court's sealing order bars release of these records for use in an SVP proceeding.
In re James H.; 2007 DJ DAR 13575; DJ, 9/5/07; C/A 1st