Is there an example of a successful factual innocence petition?
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UPDATED: Jun 8, 2012
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Let’s say there is a man in California who went to sun himself on the beach in his shorts. He laid on his back and dozed off. A woman placed him under citizen’s arrest and had police take him into custody because she was able to see up his shorts and he therefore “exposed himself” to her and to her child. She never spoke to him. He never spoke to her. There was no evidence he ever knew she saw anything. But the police have to arrest someone whom a citizen places under citizen’s arrest, though the prosecutor wisely declined to file any charges. After that, he would get scrutinized by any police officer who encountered him, so he moved for a factual innocence finding, which was granted. The Attorney General, local police, D.A., and Sheriff all had to delete any and all record of that arrest from their databases.