Petitions For a Finding of Factual Innocence

Penal Code 851.8 PC is the California statute that allows you to bring a petition for a certificate of factual innocence.

You file this petition following an arrest. A successful petition shows that there was no reasonable cause to believe that you committed an offense.17

If a petition is granted, the law enforcement agency having jurisdiction over the offense must seal your arrest records for three years. After this time, the records and the petition get destroyed.18

After the sealing of the records, they will not show up on your background check. Also, you can say that you do not have a criminal history.

You are eligible to file a petition when:

you have been detained by local or state police, but not officially arrested for a crime,
you have been arrested for an offense, but not formally charged,
you were formally charged with a crime, but the charges were later dropped, and
you were formally charged with a crime and tried for that crime, but there was no criminal conviction.

About The Author

Ernest Lee

Attorney Ernest Lee, Esq., is the founder of Lee Law Group DUI & Criminal Attorneys in San Diego, California, specializing in personal injury, criminal defense, and consumer protection. He earned his Juris Doctor from the University of Missouri at Kansas City School of Law in 1999 and has been licensed to practice law in California since December 2001. Attorney Lee has been recognized as a Super Lawyer" by Super Lawyers magazine annually since 2021, an honor awarded to the top 5% of attorneys in San Diego County.Education: Juris Doctor from the University of Missouri at Kansas City School of Law, 1999. Professional Associations: Member of the State Bar of California since December 2001. Experience: Founder of Lee Law Group DUI & Criminal Attorneys, focusing on personal injury, criminal defense, and consumer protection; recognized as a "Super Lawyer" since 2021.

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