Under what circumstances can a factual innocence finding be obtained?

There are two general categories of circumstances where a factual innocence finding can be obtained. The first category is when you have been falsely arrested, charged, accused, or convicted of a crime. The second type of circumstance in which you can obtain a factual innocence finding is when you are the victim of identity theft.

Relief in cases where you have been falsely arrested, charged, accused, or convicted of a crime is available in states with broader rules for factual innocence petitions. California, for example, allows anyone arrested for a crime they did not commit to petition the police and/or the court for an order finding him or her factually innocent. As the petitioner for a factual innocence order, you have the burden of proof to show that no reasonable person would think you were guilty. This standard is meant to exclude those who obtained dismissals because of difficulty in proving guilt, where a witness was threatened away, or even in the case that someone is acquitted at trial, but may very well be guilty. As such, the circumstance of your case must show that you were actually innocent.

The second type of circumstance in which you can obtain a factual innocence finding is if you are the victim of identity theft. Some states have enacted statutes permitting the victim of identity theft to petition the courts for findings of actual innocence to prevent re-victimization of those people who were never involved in the commission of a crime. Two of these states are Illinois and New Jersey.

If your circumstances involved your girlfriend accusing you of domestic battery after you both had an argument, you would not be able to obtain a factual innocence finding in Illinois, because the fact that you and your girlfriend had an argument is not in dispute, just whether you assaulted her at some time during the argument. If someone stole your checkbook and then proceeded to write a series of hot checks on your account, and that person was later convicted under your name, then you would be able to petition for a finding of factual innocence because your circumstances show that you are the continuing victim of identity theft.

Even if the factual innocence laws in your state do not help your circumstances, you should still consult with a criminal defense attorney or petition for factual innocence attorney in your state. Many states provide other means for clearing your record when you have been falsely accused. An experienced criminal defense attorney can review the circumstances of your case and help you decide which route is the best option for your situation.

Case Studies: Legal Justice

Case Study 1: Falsely Accused of Robbery

John Smith, a hardworking individual, was falsely accused of committing a robbery at a local convenience store. Despite having an alibi and no evidence linking him to the crime, he was arrested and charged.

In this case, John can seek a factual innocence finding by petitioning the court and presenting compelling evidence of his innocence. By demonstrating that no reasonable person would believe he is guilty, John aims to clear his name and regain his reputation.

Case Study 2: Identity Theft and Fraudulent Activities

Sarah Johnson, a responsible and law-abiding citizen, fell victim to identity theft. An unknown individual gained access to her personal information and used it to open credit card accounts, accumulate significant debt, and engage in fraudulent activities.

Sarah, wrongly implicated in these crimes, can petition the court for a factual innocence finding. She must provide evidence showcasing her lack of involvement in the fraudulent acts and establish her status as the victim of identity theft.

Case Study 3: False Accusations of Child Abuse

Michael Thompson, a dedicated teacher, faced false accusations of child abuse from a disgruntled parent who held a grudge against him. Despite multiple witnesses testifying to Michael’s integrity and no corroborating evidence supporting the accusations, he was arrested and faced serious legal consequences.

To obtain a factual innocence finding, Michael must gather compelling evidence, including witness testimonies and surveillance footage, to prove his innocence and demonstrate that he has been wrongfully accused.​