Factual Innocence Motion

Cleaning Up Your Criminal Record – Factual Innocence Motion – California Penal Code Section 851.8

If you were wrongfully arrested or improperly accused of a criminal offense you did not commit, you may petition the court to seal and destroy your arrest record. Your eligibility arises in situations where you were arrested, but no charges where formally filed; where charges were filed, but your case was later dismissed; or when your case went to trial but you were acquitted by a jury verdict. Our attorneys at Wallin & Klarich can help you submit a motion requesting the court to declare that you were factually innocent.

If you are deemed factually innocent, the arrest record is sealed and destroyed as if it had never existed. The arresting police will be ordered to shred and destroy all relevant arrest reports, booking photos, finger print cards, and all other evidence of the arrest. Moreover, the Department of Justice will be ordered to seal their records of the arrest for three years from the date of the arrest, and thereafter destroy those records entirely. This will allow you to truthfully tell potential employers, licensing boards, and other inquirers that you have no record of any criminal arrests.

A knowledgeable criminal defense attorney can advise you on your options and help you clear your record. If you or a loved one faced criminal charges in California and had them dismissed, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.