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Legal innocence refers to absence of one or more procedural or legal bases to support the sentence given to a defendant. Legal innocence is distinguished from actual innocence. Actual innocence focuses on the facts underlying the sentence.
The court must send the paperwork sealing your arrest record to the law enforcement agencies and the Department of Justice within 30 days of making the order. Some agencies may take longer than others to seal the record once they receive the paperwork.
Innocent essentially means not guilty. Specifically, it refers to an individual who is not responsible for the occurrence, event, or even crime that they are accused of.
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.
Including Court Costs, ALL Legal Work and Court Appearances: Misdemeanor Expungements $750* Misdemeanor DUI Expungement $900. Felony Expungement $990* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,000.
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In the criminal law, a claim of actual innocence is not equivalent to a not guilty verdict: it is an appeal, using new evidence that was not available at the time of the original trial, meant to undermine the courts confidence in the jurys original verdict.
Under Canadian Criminal law, a person who is charged with a criminal offence is presumed to be innocent until proven guilty. The presumption of innocence is an important part of the foundation of the Canadian judicial system.
You may request that a court seal your arrest records or criminal records. If a judge agrees with your request, the records will no longer be available to the public. However, some government agencies will still be able to see your sealed record. If the order is granted, the judge will use the CR-410 order form.
The Canadian Charter of Rights and Freedoms, section 11(d) guarantees Canadians the right to be presumed innocent. Specifically, anyone detained or charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.
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.

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