Bermudez

Appellant Luis E. Bermudez’s petition for a determination of factual innocence (Pen. Code, § 851.8) was denied by the trial court as untimely. The court rejected appellant’s contention that the two-year statutory limitations period imposed by section 851.8, subdivision (J), did not apply to petitioners like him, who had had charges lodged against them, but were not convicted. In the published portion of this opinion, we conclude the trial court’s interpretation was correct and affirm.

BACKGROUND

Appellant was arrested on October 2, 2001, for numerous offenses against M.C., which allegedly occurred on July 25, 2001; and, on December 5, an information was filed. On January 18, 2002, the case was dismissed pursuant to section 1385.

On November 17, 2004, almost three years after the dismissal, appellant apparently served the San Francisco Police Department (police department) and district attorney with an “informal petition for relief’ under section 851.8 regarding these charges. The record contains the first page of a form “PETITION TO SEAL AND DESTROY ARREST RECORDS PURSUANT TO PENAL CODE SECTION 851.8.” The form contains a box stating, “IMPORTANT [|] See reverse side…