Finding of Factual Innocence

Finding of Factual Innocence

Temecula Expungement Attorneys – 951.506.6654

While we should be able to trust that law enforcement officials only make arrests when they are confident that the suspect has actually committed some sort of crime, the truth is that the police make mistakes on-the-job just like anyone else and could arrest someone who has not committed a crime. Through the consequent criminal justice proceedings, the charges in such cases could be dropped before they are ever filed. When this occurs, a motion for a finding of factual innocence, sometimes called an adjudication of factual innocence, can be used to clear the defendant’s name with an expungement of their arrest record.

Hanson, Gorian, Bradford & Hanich and our criminal defense lawyers in Temecula can assist you with expungements based on findings of factual innocence. With decades of combined legal experience and thousands of cases under our belts, you can trust in our team to guide your case to a beneficial outcome. Contact our firm at your first opportunity and we can explain further during a free case evaluation.

Judicial Hearing to Clear Your Name

Using a motion for a finding of factual innocence can be an intricate process if you are not fully versed in California’s criminal defense laws. It begins with your charges being dropped before official filing but this is not the end of the process. You must take active steps to fully clear your name and expunge your record after dropped charges.

In order to have your arrest record cleaned due to factual innocence, the following must happen:

  1. You are arrested but the charges are dropped before they are filed against you – a not guilty verdict or case dismissal will not be applicable for this process.
  2. You request a hearing for a finding of factual innocence and removal of your arrest record.
  3. Convincing evidence and arguments are provided to prove that your arrest should not have ever occurred due to your innocence.
  4. Judge approves your case and the expungement of your arrest record.

It is crucial to consider this process for your case if you know you were innocent at the time of your arrest since simply having an arrest mark on your record can devastate your future. Certain jobs, financial institutions, and landlords will not agree to work with someone who has an arrest record, even if there was never a conviction. A successful expungement based on factual innocence wipes the arrest clean and protects your reputation.

Get All the Legal Counsel You Need for Your Case

Our Temecula expungement lawyers truly believe in giving clients the best chances possible to securing a better tomorrow through our efforts, counsel, and representation. When your name has been tarnished due to an unreasonable or unnecessary arrest, call 951.506.6654 to connect with our law firm and ask about findings of factual innocence and related procedures. You can also use an online contact form if you prefer and someone from Hanson, Gorian, Bradford & Hanich will get back to you as soon as possible.