How do I establish factual innocence?
Establishing your factual innocence usually involves convincing the court to seal and destroy records related to the charge. States have different rules about how to establish factual innocence.
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In what types of cases can a factual innocence order be obtained?
The types of cases in which you can obtain a factual innocence order vary by state. Of the few states that have enacted laws allowing for a petition of factual innocence, most do not have restrictions on cases within a certain category of their penal code. So, technically speaking, you could potentially get an order of factual innocence in just about any case including burglary, robbery, drug sales, gun charges, and even domestic violence accusations.
→ Read MoreDo I need a lawyer to file a petition for factual innocence?
Strictly speaking, you are not required to have a lawyer to file a petition for factual innocence, anyone has the right to represent himself or herself. However, because the opportunity to petition in this way is a relatively new body of law, you will need a lawyer to help you understand the meaning and requirements of your petition. Not having a lawyer to represent you in your petition for factual innocence could weigh against your success.
→ Read MoreUnder what circumstances can a factual innocence finding be obtained?
There are two general categories of circumstances where a factual innocence finding can be obtained. The first category is where you have been falsely arrested, charged, accused, or convicted of a crime. The second type of circumstance in which you can obtain a factual innocence finding is where you are the victim of identity theft.
→ Read MoreWhat is a petition for factual innocence?
A petition for factual innocence is a document filed by a person who has been falsely accused of a crime asking a court to affirmatively find they are factually innocent.
→ Read MoreCan I get a factual innocence order if the victim recants their testimony?
Getting a factual innocence order depends on the evidence presented by the accused and on any contradictory evidence presented by the prosecutor.
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