Being arrested for a crime you didn’t commit is a nightmare—especially when the arrest stays on your record long after you’ve been cleared. Even if charges were dropped or you were never convicted, that record can still show up in background checks, threatening your job prospects, housing applications, and reputation. Thankfully, California offers a legal remedy: the factual innocence motion, a powerful tool that can completely seal and destroy arrest records tied to a wrongful accusation.
If you've been wrongfully arrested in Southern California, Law Office of Michael L. Fell can help you file a motion for factual innocence and protect your future.
What Is a Factual Innocence Motion?
Under California Penal Code § 851.8, a motion for a finding of factual innocence allows someone who was arrested but never convicted—and who can show they did not commit the crime—to ask the court to seal and destroy all related records.
This is different from simply having charges dismissed. A dismissal means the case didn’t go forward, but the state hasn’t acknowledged your innocence. A successful factual innocence motion goes a step further: it’s an official declaration that you were innocent of the crime in the first place.
Why Arrest Records Still Matter—Even Without a Conviction
Too many people assume that if charges were dropped or they were never prosecuted, the problem ends there. Unfortunately, the digital age makes it easy for arrest records to follow you around:
- Employment background checks may flag the arrest even if no conviction occurred.
- Professional licensing boards can view the arrest and investigate further.
- Immigration consequences could arise in certain visa or green card applications.
- Public perception—especially in high-profile cases—can lead to judgment and stigma.
That’s why factual innocence motions are such an important post-arrest remedy in the California criminal justice system.
Who Qualifies for a Motion of Factual Innocence?
To qualify, you must meet several strict requirements:
- You were arrested, but no charges were filed, or
- Charges were filed but later dismissed, or
- You were acquitted at trial, and
- You can demonstrate that no reasonable cause existed to believe you committed the offense.
The burden of proof is high. The court must be convinced that you were factually innocent—not just that there wasn’t enough evidence to convict you.
What Happens If the Motion Is Granted?
If the judge finds you factually innocent:
- All records—including booking photos, fingerprints, and police reports—will be sealed.
- After three years, the sealed records will be physically destroyed.
- You can legally say the arrest never occurred on job, rental, or loan applications.
It’s one of the few legal mechanisms that offers a true clean slate.
Why You Need an Attorney for This Process
Successfully arguing a motion of factual innocence requires persuasive legal writing, supporting evidence, and sometimes expert testimony. You’ll need to show that no reasonable person would believe you committed the crime. That’s a high bar—and prosecutors often contest these motions.
An experienced criminal defense attorney from Law Office of Michael L. Fell can evaluate your eligibility, gather the right documentation, and build a compelling case. Don’t leave your reputation to chance.
Get Help Clearing Your Name Today
If you were wrongfully arrested in Southern California, don’t let that mistake define your future. The legal system provides a path to clear your name—but only if you act.
Call Law Office of Michael L. Fell at (949) 585-9055 to schedule a consultation. We’ll fight to help you reclaim your record, your reputation, and your peace of mind.