CR-150 CERTIFICATE OF IDENTITY THEFT: JUDICIAL FINDING OF FACTUAL INNOCENCE 2025

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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.
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.
Proving actual innocence is also difficult because the petitioner must show that law enforcement did not have a good reason to suspect them at the outset because they were innocent. If an individual has any questions regarding proving factual innocence, they can consult with a criminal defense lawyer.
By showing that you did not have any intention to commit fraud or harm, your criminal defense attorney can argue that the crime was not committed. For example, if you mistakenly used someone elses personal information without knowing it was wrong, this can be a strong defense.
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.
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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.
The statute of limitation to pursue legal action against someone for identity theft is four years from the date you discovered the action.
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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