People v. D.C.
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Defendant petitioned to seal his arrest record pursuant to Penal Code section 851.91 after pleading no contest to possession of a controlled substance and successfully completing treatment and probation pursuant to section 1210.1.
The Court of Appeal affirmed the trial court's order denying defendant's petition where the court cannot conclude that "no conviction occurred" such that defendant should be entitled to relief under section 851.91, subdivision (a)(1)(B)(i). The court explained that while defendant's arrest and conviction are deemed never to have occurred for most purposes, it is not the equivalent of a defendant who was arrested but never convicted. Rather, because defendant's arrest and conviction still exist for some purposes, he is in a markedly different position from someone who was never convicted at all.
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