People v. Bedrossian

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On November 1, 2016, Bedrossian was arrested on suspicion of felony false imprisonment and misdemeanor battery. On November 10, after the San Francisco District Attorney’s Office declined to press charges, Bedrossian successfully moved, under Penal Code section 849.5, to have his arrest deemed a detention and filed a petition under section 851.8 to be found factually innocent of all charges and to have the record of his arrest destroyed. The trial court denied the petition on the ground that under the statute the request for a determination of factual innocence may not be presented until the statute of limitations has run on the potential charges—in this case, one year for misdemeanor battery and three years for felony false imprisonment. The court of appeal affirmed. While Bedrossian has a legitimate interest in obtaining a determination before the expiration of the three-year limitations period for the filing of felony charges against him, his petition was not ripe under the provisions of the applicable statute. The provision violates neither his right to due process nor equal protection restrictions. View "People v. Bedrossian" on Justia Law