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San Diego, CA |

How difficult is it for anyone with an arrest record to be granted a successful outcome if the petition for Factual Innocence is filed and if the case was dismissed via PC 1385 without any conviction,fine or probation etc?

Attorney Answers 4


That's like asking how long is a string? It's as long as it needs to be. For a declaration of factual innocence a great deal depends on what is in the file (including police reports), what you were charges with and why the case was dismissed. 1385 covers a lot of reasons the DA cannot go forward. If the case was dismissed because your abused girlfriend decided not to testify against you your not going to win your petition.

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Thank you Atty Kaman for the guidance. Can i send you a synopsis about my situation and let it analysed from you whether we should file it or not because I'm applying for State licensing for a Pharmacist and the first question they ask Have you ever been arrested? This is creating a lot of stress and i think it may cause trouble for me in the application process.


Proving Factual Innocence is very difficult.

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This will be particular to the facts of your case. You have to prove that the facts are such that there is no reason to believe you committed the crime. In some cases this would be very easy, in other cases it would be impossible.

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The burden is on you, but you have nothing to lose so why not hire the best locally experienced criminal defense attorney you can afford who can assist and answer all your case specific questions?

Good Luck!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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