Mack v. Younger

In this proceeding and a consolidated companion case (Younger v. Superior Court, S.F. 23517) petitioner Mack sought to vindicate the constitutionality of legislation requiring law enforcement agencies, upon request, to destroy records of arrests or convictions for certain marijuana offenses. (Health & Saf. Code, § 11361.5, subd. (b).) In an opinion filed April 26, 1978 (Younger v. Superior Court (1978) 21 Cal. 3d 102 [145 Cal. Rptr. 674, 577 P.2d 1014]), we upheld the constitutionality of this statute against the Attorney Generals claim that it violates the separation of powers. Accordingly, we granted an original writ of mandate compelling the Attorney General to process petitioners application for destruction of the records of a conviction coming within the terms of the statute.