Factual Innocence
Whenever a misdemeanor or felony criminal complaint is filed with a court but no conviction results, the defendant may petition the court that dismissed the criminal case for a finding of factual innocence. The petition for factual innocence may be filed with the court any time after the criminal case is dismissed or at the time of dismissal. A hearing is conducted by the court and a petition for factual innocence granted on a showing that no reasonable cause exists to believe the person committed the offense. When an arrest occurred but no complaint was filed with the court, a petition for factual innocence is filed with the law enforcement agency with service on the prosecuting attorney. If the law enforcement agency and prosecuting attorney do not grant the petition for factual innocence, the petition can be filed with the court. If you have have been arrested or charged with a misdemeanor or felony, contact Christine McGuire, the Santa Cruz County Criminal Defense Attorney.