People v. Bedrossian

Filed 2/27/18 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A151917 v. EDMOND BEDROSSIAN, (City & County of San Francisco Super. Ct. No. CT16019536) Defendant and Appellant.

Edmond Bedrossian appeals the denial, as premature, of a petition to be deemed factually innocent of domestic violence 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.

1 All statutory references are to the Penal Code unless otherwise noted.

1

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. (§§ 801, 802, subd. (a).). Bedrossian appeals the denial of his petition. Discussion Section 851.8 reads in relevant part: “(a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. . . . The law enforcement agency having jurisdiction over the offense, upon a determination that the person arrested is factually innocent, shall, with the concurrence of the prosecuting attorney, seal its arrest records, and the petition for relief under this section for three years from the date of the arrest and thereafter destroy its arrest records and the petition. . . . [¶] (b) If, after receipt by both the law enforcement agency and the prosecuting attorney of a petition for relief under subdivision (a), the law enforcement agency and prosecuting attorney do not respond to the petition by accepting or denying the petition within 60 days after the running of the relevant statute of limitations or within 60 days after receipt of the petition in cases where the statute of limitations has previously lapsed, then the petition shall be deemed to be denied. In any case where the petition of an arrestee to the law enforcement agency to have an arrest record destroyed is denied, petition may be made to the superior court that would have had territorial jurisdiction over the matter. . . . If the court finds the arrestee to be factually innocent of the charges for which the arrest was made, then the court shall order the law enforcement agency . . . to seal their records of the arrest and the court order to seal and destroy the records.” Bedrossian contends that insofar as section 851.8, subdivision (b) requires the statute of limitations to lapse before the petition can be adjudicated, it violates his state constitutional right to procedural due process (Cal. Const., art. I, §§ 7, 15) and his federal constitutional right to equal protection (U.S. Const., 14th Amend.).