Get the free PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS
Show details
This document is a legal petition submitted to the Superior Court of California seeking to have a person's arrest records sealed and destroyed based on a claim of factual innocence regarding an unsubstantiated
We are not affiliated with any brand or entity on this form
Get, Create, Make and Sign petition for declaration of
Edit your petition for declaration of form online
Type text, complete fillable fields, insert images, highlight or blackout data for discretion, add comments, and more.
Add your legally-binding signature
Draw or type your signature, upload a signature image, or capture it with your digital camera.
Share your form instantly
Email, fax, or share your petition for declaration of form via URL. You can also download, print, or export forms to your preferred cloud storage service.
Editing petition for declaration of online
Follow the steps below to take advantage of the professional PDF editor:
1
Register the account. Begin by clicking Start Free Trial and create a profile if you are a new user.
2
Upload a document. Select Add New on your Dashboard and transfer a file into the system in one of the following ways: by uploading it from your device or importing from the cloud, web, or internal mail. Then, click Start editing.
3
Edit petition for declaration of. Add and change text, add new objects, move pages, add watermarks and page numbers, and more. Then click Done when you're done editing and go to the Documents tab to merge or split the file. If you want to lock or unlock the file, click the lock or unlock button.
4
Save your file. Select it from your list of records. Then, move your cursor to the right toolbar and choose one of the exporting options. You can save it in multiple formats, download it as a PDF, send it by email, or store it in the cloud, among other things.
pdfFiller makes dealing with documents a breeze. Create an account to find out!
Uncompromising security for your PDF editing and eSignature needs
Your private information is safe with pdfFiller. We employ end-to-end encryption, secure cloud storage, and advanced access control to protect your documents and maintain regulatory compliance.
How to fill out petition for declaration of
How to fill out PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS
01
Obtain the PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS form from your local court or online.
02
Carefully read the instructions provided with the form to understand the requirements.
03
Fill out the petitioner’s information including your name, address, and contact details.
04
Detail the specific charges or arrests you are seeking to have declared as factually innocent.
05
Include any necessary case numbers and dates related to the arrests.
06
Attach supporting documentation such as court records, police reports, or other evidence that supports your claim of factual innocence.
07
Sign and date the petition as required.
08
File the completed petition with the appropriate court, ensuring you pay any applicable filing fees.
09
Serve copies of the petition to the relevant parties, including the district attorney's office.
10
Attend any scheduled court hearings related to your petition.
Who needs PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS?
01
Individuals who have been arrested but not convicted and wish to clear their name.
02
People seeking to have their arrest records destroyed to avoid future stigma or discrimination.
03
Individuals who believe their arrest record does not reflect their innocence and wish to rectify public records.
04
Those who want to ensure their arrest records do not hinder future employment or housing opportunities.
Fill
form
: Try Risk Free
People Also Ask about
What is the meaning of factual innocence?
In states like California, a formal process exists for individuals to prove their factual innocence and seal their arrest records. This involves filing a petition under California Penal Code section 851.8, demonstrating the absence of reasonable cause for arrest.
What is the affidavit of factual innocence?
To obtain a certificate of factual innocence, you must establish that there was no reasonable cause to believe that you committed the offense for which you were arrested. If the court grants the petition, law enforcement must seal and destroy any and all records of your arrest.
What is a motion for factual innocence in California?
Under Penal Code § 851.8 PC, a petition for a certificate of factual innocence is where you ask the court to find that you did not commit a crime for which you were detained, arrested or charged, although never convicted in court.
What is a petition for factual innocence?
You file a petition for factual innocence (PFFI) in order to destroy arrest records because your arrest should not have occurred in the first place. A successful PFFI shows that there was no reasonable cause to believe you committed an offense for which you were arrested.
How do you seal and destroy arrest records in California?
You will need to convince the judge that there was no reason for the officer to arrest you. If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice's Petition to Seal and Destroy Adult Arrest Records (BCIA 8270). Some courts also have local forms you can use.
How do you prove factual innocence?
Penal Code section 851.8 PC provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest.
For pdfFiller’s FAQs
Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
What is PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS?
It is a legal request made by an individual to a court, seeking a declaration of their factual innocence regarding an arrest or criminal charge and the subsequent destruction of associated arrest records.
Who is required to file PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS?
Individuals who have been arrested but not convicted of a crime, or whose charges have been dismissed, may file this petition to clear their name and have their arrest records destroyed.
How to fill out PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS?
To fill out the petition, you typically need to provide personal information, details about the arrest, evidence supporting your claim of innocence, and any supporting documentation, then submit it to the appropriate court.
What is the purpose of PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS?
The purpose is to legally affirm the innocence of the individual and to ensure that any arrest records do not affect their future opportunities or reputation.
What information must be reported on PETITION FOR DECLARATION OF FACTUAL INNOCENCE AND DESTRUCTION OF ARREST RECORDS?
Information typically required includes the individual's full name, date of birth, the details of the arrest including date and location, case numbers, and any documents that substantiate the claim of innocence.
Fill out your petition for declaration of online with pdfFiller!
pdfFiller is an end-to-end solution for managing, creating, and editing documents and forms in the cloud. Save time and hassle by preparing your tax forms online.
Petition For Declaration Of is not the form you're looking for?Search for another form here.
Relevant keywords
Related Forms
If you believe that this page should be taken down, please follow our DMCA take down process
here
.
This form may include fields for payment information. Data entered in these fields is not covered by PCI DSS compliance.
