Finding of Factual Innocence granted in Alameda County matter! Associate attorney Clint C. Christoffersen was able to successfully obtain a finding of factual innocence in Alameda County for a client who was arrested under PC §273.5 (a), Infliction of Injury on a Spouse. Associate attorney Clint C. Christoffersen’s Petition for a Finding of Factual Innocence was granted and the records sealed.
A Finding of Factual Innocence is governed by California Penal Code §851.8 which provides that “[i]n any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may … petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest.” (subd. (a).) If 60 days pass without the law enforcement agency or the prosecuting attorney either accepting or denying the petition, “the petition shall be deemed to be denied” and “petition may be made to the superior court that would have had territorial jurisdiction over the matter.” (§ 851.8(b ).) If the court determines that the petitioner is factually innocent, it must order all involved law enforcement agencies to seal their records of the arrest for three years, and then destroy them.
If you or someone you know has been arrested but never charged and needs help determining if a Finding of Factual Innocence is the right option, the attorneys at Bay Area Criminal Lawyers, PC offer free initial consultations as well as reasonable fees and financing options to help you get the best outcome possible. Our attorneys are available to discuss your specific situation 24 hours a day, seven days a week. We also have three Bay Area office locations located in San Francisco, Dublin, and Redwood City, California to meet your needs.
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