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People v. Sharman
Citations: 17 Cal. App. 3d 550; 95 Cal. Rptr. 134; 1971 Cal. App. LEXIS 1500Docket: Crim. 4258
Court: California Court of Appeal; May 13, 1971; California; State Appellate Court
Defendant Pamela Carole Sharman was convicted of marijuana possession under Health and Safety Code section 11530 and completed probation. After withdrawing her guilty plea, the case was dismissed under Penal Code section 1203.4. She sought to seal her conviction records, which the court denied, prompting her appeal. Sharman argued that public access to her records constituted a penalty or disability under Penal Code section 1203.4, which aims to release offenders from such consequences post-dismissal. The court rejected this interpretation, asserting that any disadvantage resulting from public access is not state-imposed but rather arises from private individuals using the information against her, such as employers. The court noted that not all consequences, such as disbarment or license revocation, are alleviated by Penal Code section 1203.4. Additionally, Penal Code section 1203.45, which allows for sealing records of offenders under 21 for misdemeanor offenses, was distinguished from Sharman’s case, as it explicitly does not apply to narcotic violations. Thus, it would be unreasonable to allow sealing records for adult narcotics offenders when such provisions for minors do not include similar relief. The court further found that the arrest disposition report, which indicated her case dismissal, did not conflict with the intent of Penal Code section 1203.4 and did not warrant sealing, since it contained no additional information beyond what was already in the file. The order denying the sealing of records was affirmed.