The concept of factual innocence, in simple terms, implies that a person did not commit the alleged crime. This term holds various connotations across different contexts. Generally, it means there are provable facts indicating that the accused did not or was incapable of committing the crime in question.
Certain states, like California, offer the opportunity for defendants to demonstrate their factual innocence, thereby enabling them to seal their arrest records. Read on to learn more and contact Chambers Law Firm at 714-760-4088 if you have questions or need assistance.
Understanding Factual Innocence
Factual innocence fundamentally signifies the accused’s innocence regarding the crime they’re charged with. Evidence supporting factual innocence can be presented in various stages:
- Prior to being charged with an offense
- After being charged but before trial
- During the trial
- On appeal
- In a subsequent court hearing
An example would be a case where Daniel is wrongly convicted of sexual assault. Years later, a new lawyer reopens his case and successfully proves that Daniel’s DNA does not match the DNA found on the victim, thus establishing Daniel’s factual innocence.
In another instance, Bernadette is accused of DUI upon returning from a vacation in Japan. She provides evidence, like plane tickets and credit card statements, to prove she was in Tokyo when her stolen car was involved in the DUI incident. This proves that Bernadette couldn’t have committed the offense.
In some states, the term factual innocence is also used to denote a legal process where defendants are given the opportunity to prove their innocence.
Factual Innocence vs. Legal Acquittal
It’s important to understand that factual innocence doesn’t automatically mean that the individual wasn’t convicted. It strictly means the person didn’t actually commit the crime. There are instances where a person who isn’t factually innocent avoids a conviction through:
- Creating reasonable doubt in a jury trial leading to acquittal
- Pleading guilty to take advantage of a diversion program that may dismiss their case without a conviction if completed successfully
- Demonstrating that their civil rights were violated by law enforcement
Conversely, it’s also possible for factually innocent individuals to be wrongfully convicted due to a variety of reasons, such as pleading guilty to a lesser charge to avoid trial for a more severe crime or the jury being swayed by the prosecution’s case, despite the factual innocence.
Petitioning for Factual Innocence in California
California is among the few states that provide a legal framework for defendants to prove their factual innocence. Individuals not convicted can file a petition for a certificate of factual innocence, thereby allowing them to establish their innocence.
This certificate can be sought if:
- You were detained by police without being arrested
- You were arrested but never charged
- You faced charges which were later dismissed
- You were charged and tried but never convicted
Any of these scenarios could result in a criminal record, often an arrest record, which is publicly accessible. This could lead to potential discrimination and lost opportunities.
To petition for factual innocence, contact the law enforcement agency that had jurisdiction over your case within two years from the date of the arrest. The petition should provide exculpatory evidence such as:
- Witness testimonies or affidavits
- Police reports
- Crime scene photographs
- Surveillance footage
- DNA evidence
- Cellphone records
Upon presentation of evidence indicating that there was no reasonable cause for the arrest or detention, the burden of proof shifts to the district attorney representing the police department.
If the judge rules that there was no reasonable cause for the arrest or detention, law enforcement agencies, including the U.S. Department of Justice, must seal the records of the arrest for three years before destroying them. Contact Chambers Law Firm at 714-760-4088 for help.
