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Petition for Factual Innocence

Santa Monica, CA |

I was never actually arrested, but i was prosecuted for a crime I didn't commit. The case was dismissed. New evidence has surfaced which shows that I didn't commit the act. Would it be possible to still use a petition for factual innocence? It's probably a rare case, but I'm wondering if it would work. Also, where does it say by statute that a person may only use this process once? I like to read the actual codes now that they're online. It's very interesting.

Attorney Answers 2


  1. You can file a motion for determination for factual innocence. I would suggest hiring an attorney since you did not provide any specifics related to your case. Here is the relevant code section.

    http://law.onecle.com/california/penal/851.8.html

    Good luck.

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  2. I agree with Mr. Yarbrough. In addition, there is nothing within the statute that states you can only bring the petition once. However, there is a time limit on bringing the petition within two years from the date of the arrest unless you can show good cause as to the delay. Some courts are more strict than others regarding what constitutes good cause. For example, the County of San Francisco requires more than just ignorance of the law.

    Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.