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Sealed Juvenile Records May Not Be Unsealed For Use In SVP Proceedings

By Jeremy Price

The Board of Parole Hearings (BPH) petitioned the juvenile court to disclose an adult prisoner's juvenile records that had been sealed pursuant to Welfare and Institutions Code section 781 (Section 781). BPH intended to use the sealed records to evaluate whether the person met the sexually violent predator (SVP) civil commitment criteria. The juvenile court summarily granted BPH's petition without holding a hearing. Because Section 781 provides a brief, exhaustive list of situations in which sealed juvenile records may be disclosed that does not encompass use for SVP proceedings, Division Three of the First District Court of Appeal reversed the order disclosing the prisoner's juvenile court records. The proper rule of statutory construction, the Court reasoned, "'is that the statement of limited exceptions excludes others, and therefore the judiciary has no power to add additional exceptions; the enumeration of specific exceptions precludes implying others...continue to full post

Full post as published by Criminal Appeal on December 17, 2007 (boomark / email).