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What is factual innocence?

Updated: 3/23/2024
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13y ago

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Factual innocence is a requirement to have records sealed in California under Penal Code Section 851.8. In short, the petitioner must demonstrate "no reasonable cause to believe the petitioner was guilty at the time of arrest." (See People v. Matthews, 7 Cal. App. 4th 1052 (1992).) Thus, if a person is arrested and no conviction follows, the defendant must petition the court to seal records. Three years following the date of arrest, law enforcement must destroy any record of the arrest. (851.8(b))

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13y ago
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1mo ago

Factual innocence refers to a person being proven to be completely blameless or without fault in a specific situation, usually through evidence that clears them of any wrongdoing. It is often used in legal contexts to assert that an individual did not commit a crime they were accused of.

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