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Penal Code 851.8 PC- Petition for Factual Innocence

Penal Code 851.8 PC- Petition for Factual Innocence

Penal Code 851.8 PC in California provides a legal mechanism for individuals to petition the court for a finding of factual innocence when they believe they were wrongfully arrested or accused of a crime. The purpose of this provision is to allow individuals to clear their names and records when there is evidence supporting their innocence.

Here are the key procedures related to Penal Code 851.8 PC:

  1. Eligibility:
    • Individuals who were arrested but not convicted of a crime may be eligible to petition for factual innocence under Penal Code 851.8 PC.
  2. Filing the Petition:
    • The individual files a petition for factual innocence with the court that handled the arrest.
  3. Declaration of Factual Innocence:
    • The petition typically includes a declaration under penalty of perjury in which the petitioner asserts their factual innocence and provides supporting evidence.
  4. Police and Prosecution Review:
    • The law enforcement agency and the prosecution are notified of the petition. They have an opportunity to review the evidence and provide input.
  5. Court Hearing:
    • The court may schedule a hearing to consider the petition. During the hearing, the petitioner, law enforcement, and the prosecution may present evidence and arguments.
  6. Burden of Proof:
    • The petitioner generally bears the burden of proving their factual innocence by a preponderance of the evidence.
  7. Court Decision:
    • If the court finds that the petitioner is factually innocent, it issues an order declaring the individual factually innocent of the charges.
  8. Sealing and Destruction of Records:
    • The court order may direct law enforcement agencies to seal and destroy records related to the arrest.
  9. Effects of Finding Factual Innocence:
    • A finding of factual innocence has significant legal implications. The individual can legally state that they were not arrested or charged with the offense, and records related to the arrest are treated as if they never existed.