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  • Form Bcii 8270 (rev. 7/06) - Kern County Sheriff's Office

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State of California Record Management/Record Sealing Unit FORM BCII 8270 (Rev. 7/06) Department of Justice Record Sealing Unit P.O. Box 903417, Sacramento, CA 94203-4170 PETITION TO SEAL AND DESTROY.

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Factual innocence comes up when a defendant did not commit the crime in question. In the pre-trial/trial context, this means that the defendant was either never charged with a crime after being arrested, the prosecution withdrew charges, or they were acquitted by a judge or jury.

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.

In factual innocence cases, that is because a factfinder erred in determining what the defendant did; in legal innocence cases, it is because there was an error as to what the criminal law did, or could, prohibit.

A person is only “factually innocent” if no reasonable cause exists to believe the person committed the offense. If relief is granted, all records relating to the arrest and charges must be sealed for 3 years and then subsequently destroyed (Penal Code 851.8(b)).

Section 851.91. 851.91. (a) A person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as described in Section 851.92.

Certificate of Identity Theft: Judicial Finding of Factual Innocence (CR-150) States a court's decision about cleaning your record when someone else used your identity when the person was arrested or charged with a crime.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232