Request Finding of Factual Innocence
A finding of factual innocence is a court finding that there was no reasonable cause to believe a person committed an offense for which they were arrested. If a petition for a finding of factual innocence is granted, the law enforcement agency having jurisdiction over the offense must seal the person’s arrest records for three years from the date of the arrest. After this time, the records and petition must be destroyed. The person can answer questions as if the arrest never happened. A person may be eligible for a finding of factual innocence if they’ve been arrested for an offense but not charged, the charge was dismissed, or they were formally charged and tried for a crime but there was no conviction, and they have strong evidence of innocence. (Pen. Code, §§ 530.6, 851.8.)