Petition Requesting Finding of Factual Innocence and Issuance. Petition Requesting Finding of Factual Innocence and Issuance - oag ca 2025

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The document is a petition submitted by an individual to the California Superior Court, requesting a finding of factual innocence and the issuance of a Certificate of Identity Theft. The petitioner claims to be a victim of identity theft, detailing various circumstances such as being cited, arrested, or convicted under their name without their involvement. The petition outlines the necessary information and supporting documents that will be presented at the hearing to protect the petitioner's identity.

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What is a factual innocence petition in California?

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 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 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 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.

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How hard is it to prove factual innocence?

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.

What is order of factual innocence?

Factual Innocence You will need to convince the judge that there was no reason for the officer to arrest you. If no charges were filed or charges were dismissed before trial, you can use the California Department of Justices Petition to Seal and Destroy Adult Arrest Records (BCIA 8270).

Petition Requesting Finding of Factual Innocence and Issuance. Petition Requesting Finding of Factual Innocence and Issuance - oag ca 2025

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What is a factual innocence petition in California?

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How hard is it to prove factual innocence?

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