Bedrossian
People v. Bedrossian
Opinion
lead Opinion
Pollak, J.
*1072 Edmond Bedrossian appeals the denial, as premature, of a petition to be deemed factually innocent of domestic violence *1073 allegations and to have the records of his arrest destroyed. Although we acknowledge Bedrossian's legitimate interest in obtaining a determination before the expiration of the three-year limitations period for the filing of felony charges against him, we agree with the trial court that his petition was not ripe under the provisions of the applicable statute, Penal Code section 851.8, 1 and that these provisions violate neither his right to due process nor equal protection restrictions. Therefore, we shall affirm the order denying his petition.
Background
On November 1, 2016, Bedrossian was arrested on suspicion of felony false imprisonment and misdemeanor battery. (§§ 236, 243, subd. (e)(1).) On November 10, 2016, after the San Francisco District Attorney's Office declined to press charges, Bedrossian successfully moved pursuant to section 849.5 to have his arrest deemed a detention. At the same time, Bedrossian filed a petition pursuant to section 851.8 to be found factually innocent of all charges and to have the record of his arrest destroyed. The…