Expunging An Arrest Record Because Of Factual Evidence
One of the first things people who’ve been charged with a crime want to know is how to go about getting their criminal record expunged. In California, the first step of this particular process is proving factual innocence.
What Is Factual Innocence?
Factual innocence is a termed that’s used when a defendant manages to prove that they should not have been arrested or charged with a crime. Once factual evidence has been established, California Penal Code section 851.8 dictates that the defendants arrest records are sealed and then destroyed. Once this happens, legally speaking, it is as if the entire situation never took place.
Establishing Factual Innocence
Establishing factual innocence is not always easy and it’s something you’ll want to have a lawyer help you with...