Finding of Factual Innocence.
Pursuant to Penal Code Section 851.8 a person who is factually innocent of a crime whether a misdemeanor or
felony may be able to have his or her criminal records sealed by obtaining a declaration of factual innocence A person is factually innocent if no reasonable cause exists to believe he or she committed the criminal offense. If relief is granted, all records related to the arrest and charges must be sealed for three years and must subsequently be destroyed. If no charges were filed by the district attorney, the person arrested petitions the arresting agency and district attorney for a determination of factual innocence When charged were filed but the case was dismissed, the court may if the district attorney concurs grant the petition for factually innocence at the time of dismissal.
Contact Christine McGuire, the Santa Cruz Expungement Attorney. Christine McGuire, the San Jose Expungement Attorney Christine McGuire, the Monterey/Salinas Expungement Attorney.