Petition for Factual Innocence Overview:
If your petition to the law enforcement agency that arrested you is denied, your next course of action is to file a formal petition for a finding of factual innocence with your local court which would have heard your case if charges were filed. The initial burden is on you to prove through declarations, police reports, witness reports, affidavits or other evidence that there is no reasonable cause to believe that you committed the crime. If you prove that there is no reasonable cause to believe that you committed the offense, then the burden shifts to the prosecuting agency to show that there is reasonable cause to believe that you committed the offense. The final decision rests with the judge. If the court finds that you are factually innocent, then he will order the law enforcement agency, the Department of Justice, and any other agency that assisted in the arrest to seal the record for three years and then to destroy the records.
You can also file a petition for finding of factual innocence if charges were filed against you in court and either the case was dismissed without conviction or you were acquitted after a trial.
Some examples of when a finding of factual innocence may be granted are:
- Someone else was arrested, charged and convicted for the same crime
- The victim is willing to say under oath that you did not commit the crime
- You have a perfect alibi or you were nowhere near the scene of the crime
- Forensic DNA evidence shows that you could not have committed the crime
- Mistaken identity
Here's how it works:
1) Complete the Petition Questionnaire :
Complete the easy questionnaire. You must have your arrest information in order to complete the questionnaire.
2) We Create and File Your Petition with the Law Enforcement Agency :
We will review your answer for completeness, prepare your court documents and then send them to you for your signature and specific instructions on how to file them with the court and obtain a hearing date. We will also prepare a proof of service so that you can serve a copy of the petition on the appropriate prosecuting agency.
3) Benefits :
Criminal background checks will not show an arrest.
