In re C.B.

The Supreme Court held that the passage of Proposition 47, which reclassified various drug and property offenses from felonies to misdemeanors, did not entitle Appellants, juveniles who were declared wards of the court based on conduct that was felonious when committed but was now reclassified from felonies to misdemeanors, to have their DNA samples and profiles removed from the databank maintained by the California Department of Justice (Department). The Department maintains a databank of DNA samples and genetic profiles collected from certain juvenile offenders who have been declared wards of the court. Juveniles declared wards based on felony conduct must submit samples but need not do so for most misdemeanor offenses. After the passage of Proposition 47, Appellants argued that because their acts are now misdemeanors, they were entitled to have their DNA samples and profiles expunged from the databank through the procedure established by the Legislature. The motions for expungement were denied. The Court of Appeals affirmed. The Supreme Court affirmed, holding that Proposition 47 did not authorize the relief sought by Appellants, nor did the statutory scheme allowing retention of Appellants’ samples in the databank deprive them of equal protection under the state and federal Constitutions. View "In re C.B." on Justia Law