Gray v. Hill CA1/3
Police arrested David Gray for rape in 1996. He is currently incarcerated for an unrelated crime. Based on the 1996 arrest, prison authorities designated Gray’s custody status with an “R” suffix used to identify sex offenders in the prison population, thereby imposing restrictions on Gray not usually placed on prisoners.
After the trial court granted Gray’s petition to seal and destroy the 1996 arrest records per Penal Code section 851.8, Gray filed a petition for writ of mandate to compel individual employees of Folsom State Prison (Folsom) and the California Department of Corrections and Rehabilitation (CDCR) (collectively, respondents) to seal and destroy the arrest records and remove the “R” suffix from his custody designation. The trial court sustained respondents’ demurrer to Gray’s writ petition with leave to amend, but dismissed the case as moot a few months later when it found that respondents had voluntarily performed the acts sought in the writ petition.
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