Were you wrongfully arrested? Were you wrongfully prosecuted? If so, simply getting out of jail may not be enough. If you want to truly wipe your record clean then filing for a factual innocence motion may be the best option. However, only a very few people qualify. Keep reading to find out if you might and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Arrests Could Remain on Your Record Even if You Were Never Charged
If you were arrested for a crime but never charged, it could still haunt you for the rest of your life. This is especially true with emotionally-charged crimes such as sexual assault or domestic violence. The fact is that if you do not take action, the arrest and any other related actions by the police can follow you around and be found out by potential employers, people you want to rent property from, or even loved ones.
What a Factual Innocence Motion Really Is
If you are granted a factual innocent motion, you can legally and honestly say “no” anytime you are asked if you have ever been arrested for any crime. The police reports, booking photos, and fingerprints will all be sealed and destroyed. They will no longer be eligible for the public to access. This essentially clears your record entirely.
The Three Qualifications You Must Meet to File for Factual Innocence
Not everyone is qualified to file a factual innocence motion. In fact, most people are not qualified. One of the three must be true in order for you to qualify: You were arrested but never charged with a crime associated with that arrest, you were charged but your case was dismissed, or a jury found you not guilty at trial.
We Can Help You Prepare Your Case
If you cannot prove that you are factually innocent then you will not have your petition granted. Note that it is not enough to convince the judge that there is reasonable doubt – you must prove to them without a doubt that you did not commit the crime. In the words of the law, you must prove that a reasonable person would not believe it was possible that you committed the crime.
Proving this is extremely difficult. Filing the petitions themselves can be a long, drawn-out, complicated process. This is why we strongly recommend working with an experienced criminal defense attorney. You can reach Law Office of Michael L. Fell now at (949) 585-9055 to request a free legal consultation.