Order regarding Factual Innocence - Colorado 2025

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Factual Innocence You will need to convince the judge that there was no reason for the officer to arrest you. If no charges were filed or charges were dismissed before trial, you can use the California Department of Justices Petition to Seal and Destroy Adult Arrest Records (BCIA 8270).
Factual innocence means that you are innocent of any criminal act, whether a felony or misdemeanor. You file a petition for factual innocence (PFFI) in order to destroy arrest records because your arrest should not have occurred in the first place.
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.
Under section 16-5-103, C.R.S., a Motion may be filed with the Court to determine factual innocence for a person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction--a means for an identity theft victim to
Being factually innocent of a crime simply means that you did not commit the crime. The term is used in several contexts. Generally, it means that there are facts that show that you did not commit, or could not have committed, the crime you were accused of committing.
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A finding of factual innocence and an order for the sealing and destruction of records pursuant to this section shall not be made unless the court finds that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made.

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