Factual innocence 2025

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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.
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.
While legal guilt is concerned about the criminal laws violated, factual guilt is what a Defendant actually did. Some experts go further and say that factual guilt is what a Defendant did while legal guilt is what the State can prove.
Definition: Legal innocence refers to a person who is considered innocent under the law. This means that they have not been found guilty of a crime in a court of law. For example, if someone is accused of a crime but is later found not guilty by a judge or jury, they are considered legally innocent.
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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.

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