Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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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.
Some states, such as California, allow defendants to prove their factual innocence to seal their arrest records.
Broadly speaking, factual innocence means that you are innocent of the crime that you have been accused of committing. You can prove your factual innocence by showing either that you:
You can prove this:
For example: Daniel has been convicted of rape. He appeals his conviction but it gets affirmed. Years later he works with a new criminal defense lawyer who gets the case reopened. At the hearing, they show that Daniel’s DNA does not match the DNA found on the victim. This means that Daniel did not commit the crime.
For example: Bernadette returns home from a vacation in Japan to find that her car has been stolen. Then police arrive and arrest her for driving under the influence (DUI). She shows her plane tickets, credit card statement, and other evidence that shows that she was in Tokyo when whoever was driving her car got pulled over for drunk driving. This helps Bernadette prove that she could not have committed the offense.
However, in some states, factual innocence can be the term for a court process in which you have the opportunity to prove that you did not commit the crime you were charged with committing.
Not necessarily. Factual innocence means that you did not actually commit the crime. People who are not factually innocent can avoid a conviction, often by:
Many of these people will have actually committed the crime. However, they will not be convicted for it. Because they committed the offense, they are not factually innocent.
Additionally, people who are factually innocent can be wrongfully convicted. The criminal justice system can wrongfully convict these innocent people in a variety of ways:
Even though these people were factually innocent, they can still end up being convicted. Wrongful convictions like these happen all the time.
A very limited number of states have a court process that gives defendants the opportunity to prove their own factual innocence. California is one of them. California Penal Code section 851.8 PC lets people who were not convicted file a petition for a certificate of factual innocence. You would then have the burden of proof to show that you were factually innocent in the criminal case. If you can successfully show that you were not guilty, law enforcement agencies have to seal and then destroy records of your arrest.
You can seek a certificate of factual innocence if:
All of these circumstances will leave you with a criminal record, often an arrest record. This criminal background is publicly available. If someone else finds it, they can discriminate against you or take important opportunities away from you.
Filing a petition for factual innocence and then proving your case can get the records sealed.
You can file a petition for factual innocence with the law enforcement agency that had jurisdiction over the case. You have 2 years from the date of the arrest to file it. The petition has to show that you were arrested or detained without reasonable cause. You can do this by providing exculpatory things like:
If you present evidence that suggests that there was no reasonable cause for the arrest or detention, the burden of proof shifts. The district attorney representing the police department is then given the opportunity to rebut your claim with evidence that there was reasonable cause. The judge will then issue an opinion.1
If the judge decides that there was no reasonable cause for the arrest or detention, law enforcement agencies, including the U.S. Department of Justice, have to seal the records of the arrest from the public eye for 3 years. After this time, the records and the petition get destroyed.2 This includes all:
A finding of factual innocence will lead to your arrest records getting sealed and destroyed. This takes them out of the public eye, similar to the process of expungement. Once sealed, the arrest records will not be discovered in a background check. These checks are frequently conducted by private parties and companies whenever you:
If the background check reveals an arrest record, the application is more likely to be denied, even if it was just for a misdemeanor. Even if the application does get accepted, it may have additional terms or conditions or limitations on it.
Filing a petition for factual innocence gives you the opportunity to avoid the negative consequences of having a criminal background.
Note that as of July 1, 2023, most arrest and conviction records will be cleared automatically (a process called “automatic relief”) pursuant to Clean Slate laws:
Establishing an attorney-client relationship with a criminal defense attorney from a reputable criminal law firm with a local law office is the best way to prove your case and obtain these important benefits.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.