CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Proposition 47
8 Cards On This Topic:

Petition for recall.

Trial ct. not required to expunge M's DNA sample after felony redesignated misdemeanor—Prop. 47's treating redesignated offense as a misdemeanor "for all purposes" never applied to alter a crime's original status.

Trial ct. not authorized to order expungement of M's DNA sample when granting relief under PC §1170.18 to redesignate his admitted felony offense as a misdemeanor.

Though M's felony reduced to misdemeanor under Prop. 47, her DNA record cannot be expunged, as later enacted Bill 1492, clarifying Prop. 47, precludes granting requests for expungement made prior to its enactment.

Offense reclassification provisions set forth in Prop. 47 and PC 1170.18 apply to juveniles as well as adults.

M's juvenile felony burglary for stealing a cell phone from a school locker not changed to a "misdemeanor shoplifting" offense as a school is not a commercial establishment per PC 459.5.

Reclassified misdemeanor under Prop. 47 cannot alone support retention of M's DNA in state's databank, and must be expunged ••unless there is another basis to retain it apart from his mere commiss. of the reclassified misdemeanor offense••.

M entitled to sentence modification under PC §1170.18 and Prop. 47, despite plea bargain, as long as he's determined not to pose an unreasonable risk of danger to public safety.