Get Printable Petition Forfactualinnocence Form

Once the petition has been filed with the relevant law enforcement agency, the agency has 60 days to respond. If 60 days passes or if the law enforcement agency denies the petition, the petitioner can then file a petition in Superior Court for a finding of factual innocence.

Penal Code section 851.8 PC provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest.

The California law describing the process to prove factual innocence is Penal Code 851.8. In order to prove their factual innocence, the petitioner must prove beyond a reasonable doubt that there was no basis for their arrest. A Judge will hear your case and weigh the evidence presented on both sides.

What is Factual Innocence? The term factual innocence is used with slightly different shadings in each of the legal procedures in which it is invoked, but it means essentially that the defendant did not commit the crime even if he was found guilty at trial.

PENAL CODE SECTION 851.8(a) PROVIDES IN PART: "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.

Under Penal Code § 851.8 PC, a petition for a certificate of factual innocence is where you ask the court to make a finding that you did not commit a crime for which you were detained, arrested or charged, although never convicted in court.

Actual innocence refers to a failure of proof defense arguing that the prosecution failed to prove all relevant elements of a charged crime beyond a reasonable doubt.