In re S.B. CA1/4
S.B. (Minor) appeals an order denying his request to expunge his DNA from the state’s DNA database.
In 2013, Minor admitted felony grand theft (Pen. Code, § 487, subd. (c)) and misdemeanor battery (§ 242) and was adjudged a ward of the court. He provided a DNA sample pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1988. (§ 295 et seq.; § 296.1.) In 2015, Minor petitioned to have his felony offense reclassified as a misdemeanor pursuant to Proposition 47, the Safe Neighborhood and Schools Act, and to have his DNA expunged from the state’s DNA database. (§ 295 et seq.; see § 490.2.) The juvenile court granted Minor’s request to reduce the felony charge to a misdemeanor but denied his request to remove the DNA sample and expunge the data from the database. Minor contends the juvenile court erred and that it deprived him of his constitutional right to equal protection in denying his request.
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