Form BCII 8270 (Rev. 7/06) - California Department of Justice-2025

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The document is a petition form for sealing and destroying adult arrest records in California, as per Penal Code section 851.8. It outlines the process for individuals who have been arrested but are factually innocent to request the removal of their arrest records from law enforcement agencies or courts. The form requires personal information from the petitioner and details about the arrest, and it includes sections for law enforcement and court officials to verify and respond to the petition.

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What is a petition for finding of factual innocence?

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.

What is the difference between factual innocence and legal innocence?

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.

What is a factual finding of innocence in California?

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.

What is the affidavit of factual innocence?

To obtain a certificate of factual innocence, you must establish that there was no reasonable cause to believe that you committed the offense for which you were arrested. If the court grants the petition, law enforcement must seal and destroy any and all records of your arrest.

What is the meaning of factual innocence?

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.