Motion to Determine Factual Innocence - Colorado 2026

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  1. Click ‘Get Form’ to open the Motion to Determine Factual Innocence in the editor.
  2. Begin by filling in the court information at the top, including the court type, county, and address. This sets the context for your motion.
  3. In the 'Defendant' section, enter your name and contact details. If you have an attorney, include their information as well.
  4. Proceed to Section 1 where you will provide details about the alleged victim of identity theft. Fill in their full name, date of birth, and current mailing address.
  5. In Section 2, check all identifying information that has been misused from the victim. This could include their social security number or bank account records.
  6. Section 3 requires you to indicate any legal actions associated with this misuse. Check all applicable boxes such as arrest or summons.
  7. Complete Sections 4 and 5 by providing details about the arresting agency and any relevant documents like affidavits or police reports that support your claim.
  8. If applicable, attach supporting documents verifying your identity and whereabouts during the incident in Section 6 and Section 7.
  9. Finally, review your entries for accuracy before signing in the verification section at the end of the form.

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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.
Legal acquittals can occur for various reasons, including reasonable doubt, procedural errors, or civil rights violations by law enforcement. Conversely, individuals who are factually innocent may still be wrongfully convicted due to various systemic flaws, such as pleading guilty under duress or jury persuasion.
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.
Actual innocence may be established by a defendant in several ways, including: Bare claim; Constitutional error; The prosecution did not proof beyond reasonable doubt; or. Evidence that causes doubt in the prosecutions arguments.
If someone else used your identity, and you were wrongfully convicted as a result, you can petition to prove your innocence. You will need to provide: Identification evidence, including your fingerprints and. Proof that someone else used your identity without permission.

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