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Factual Innocence Motions With A Los Angeles Factual Innocence Motion Attorney
CALIFORNIA Factual Innocence Motions Attorney
Attorney Fell can set you free with a factual innocence motion.
Once your factual innocence motion has been granted, you will honestly be able to answer “no” when anyone asks if you have ever been arrested for a crime. All records related to the incident—including police reports, booking photos, and fingerprint records—will be sealed and destroyed so that they are no longer accessible to the public.
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What Are Factual Innocence Motions in California?
A factual innocence motion is a petition to the arresting Police Department and the court to destroy a person’s criminal record and deem them innocent of any illegal activity.
The need for a petition may arise after you get arrested for a crime you did not commit, which can taint your criminal record and have long-term consequences on your life.
A successful factual innocence motion petition suggests that you are innocent and that there is no reasonable cause to believe that you are guilty or have committed the offense in the past, providing you with a clean slate that you should’ve originally had before the arrest.
Factual Innocence Motion For Detentions
You do not need to be arrested to request a Factual Innocence Motion; you can request one even if you were detained by the police. Under California Penal Code section 851.8(m), you may petition for a Factual Innocence Motion even if you were merely detained for suspicion of committing an offense.
Under California Penal Code section 849.5[ii] and 851.6[iii], if you were arrested and released without having any charges filed against you, the arrest shall be deemed a detention, and not an arrest. Thus, your criminal record will not show that you have been arrested for a crime, only that you were detained.
Factual Innocence Motion Process
Law enforcement has 60 days to reply to your petition. If they don’t react or deny your petition, you can take it to your offense’s Superior Court.
When you file a Superior Court petition, you must serve notices to the arresting agency and the prosecuting agency.
You can represent yourself or employ criminal defense attorneys during the Superior Court hearing. To prove their innocence, the petitioner must submit declarations, affidavits, and other important material. The petitioner must prove that the arrest was unjustified, unlike in criminal matters where the prosecutor has the burden of proof.
The prosecutor can also provide evidence that the petitioner committed the crime for which they were arrested. The prosecutor may use arrest reports, arresting police officer testimony, and other evidence to refute the petitioner.
If the judge grants the factual innocence motion, your arrest record will be sealed for three years before destruction. Since you’re now innocent, you can tell potential employers that you don’t have a criminal record.
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Under the California penal code section 851.8, the improper release of a sealed arrest is against the court order, with penalties for violations enforced by the District Attorney. You may also have the right to pursue compensation if the release of sealed documents were reckless and intentional.
If you’ve suffered harm due to the intentional release of sealed arrest records, contact us at (888) 671-5933 for a free consultation, as you may be able to seek compensation, even punitive damages.
We Will Fight To Get You The Best Results Possible! For the sake of your freedom and your future, do not delay. Call (888) 671-5933 now.
How Can KAREEM A. RAMADAN Help Me With My Factual Innocence Motion?
KAREEM A. RAMADAN understands that being wrongfully arrested can ruin your life. We can petition the law enforcement agency and court to grant your Factual Innocence Motion to avoid these consequences. We will defend your innocence throughout the process.
For over 40 years, our lawyers have helped clients win Factual Innocence Motions. We have the expertise to win your Factual Innocence Motion. KAREEM A. RAMADAN will use every piece of evidence to demonstrate that you were wrongfully arrested. KAREEM A. RAMADAN will represent you well.
Call (888) 671-5933 today. We’ll answer.
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Who Can Apply for Factual Innocence Petition?
According to the California Penal Code, only certain individuals may apply for a factual innocence petition. Specifically, there are four scenarios under which a person will be eligible to apply. These include when a person has been:
Detained by the police, but was never actually arrested for a crime;
Arrested for a criminal offense, but was not formally charged;
Formally charged with a crime, but those charges were later dropped; and
Formally charged for a crime and tried for it, but there was no criminal conviction.
The individual filing the petition will be responsible for proving that they are factually innocent of the crime in question.
Can I File the Petition if I Was Arrested and Charges are Still Pending?
If an individual was arrested and the charges are still pending, they must wait until the matter is resolved. In general, the charges will typically need to result in either a dismissal or a not guilty verdict.
Will There Be Any Record of My Petition in Court Documents?
If a judge grants the petition, then the Department of Justice and the relevant law enforcement agency will be required to seal and destroy the criminal record, which includes both the arrest and any related criminal proceedings. These agencies must also destroy all affiliated arrest reports, mugshots, court records, booking information, and any evidence collected in connection with the crime.
Additionally, it is important to note that the relevant law enforcement agency, prosecutor involved in the case, and the Department of Justice may still keep a copy of the arrest record for up to three years, even if the petition was successful. However, the record will be sealed and no prospective employers will have access to it. After three years have passed, then all records must be destroyed.
Make Sure You Hire a Reliable Criminal Defense Attorney
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888) 671-5933 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Riverside.
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Read Reviews from Our Former Clients
W Mi
04:20 15 Sep 22
I was faced with a case that never in my life I’d imagine to be dealing with that could’ve had detrimental effects on my life and career ending. Kareem was the best defense I had to get my life back together. From start to finish Kareem was very attentive, informative and determined to help get this fixed and he did! The case was never filed! Thank you!
Josh kapp
17:09 10 Aug 22
I was arrested and was facing 2 felonies in October and spent some time sitting in county jail. After calling tens of lawyers to help I immediately knew Kareem would provide the help I was looking for. He walked me through the entire court process and was very reassuring that I had nothing to worry about. It is a great feeling when you have a confident lawyer behind you. Kareem managed to get my case dismissed and I have no charges on my record now. I don’t think I would have this result if it weren’t for his help. I would recommend him to anyone. He knows what he’s doing and he is the man for the job.
Ali Lodin
23:09 23 Jun 22
Before hiring Kareem Law I made the mistake of listening to some ads for personal injury attorneys on the radio. I did not know what to expect since this was my first time needing to hire an attorney. The first office never returned my calls and never connected me with an attorney. I thought attorneys wanted to help their clients not treat them like dirt. I found Kareem's office after a family member told me of an attorney who did excellent work on his personal injury case.
From the first call with Kareem he created a strong relationship with me where I felt appreciated and heard. Mr. Ramadan was always available when I needed answers and did a fabulous job settling my case.
From the first call with Kareem he created a strong relationship with me where I felt appreciated and heard. Mr. Ramadan was always available when I needed answers and did a fabulous job settling my case.
Anna Drachuk
19:36 13 Apr 22
I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care for my situation, were encouraging and made me feel safe. Kareem was very personable, reachable, and communicated clearly. Kareem put a lot of effort to get the case dismissed and achieve a complete resolution without the additional stress of a trial. I am beyond grateful to him!
Lynette Lansangan
17:20 25 Mar 22
Never in my life, did I think I would need a criminal defense attorney. A close family member committed a federal crime and suddenly I was searching for a criminal defense attorney. I submitted an inquiry to all lawyers in the Upland area and I am so thankful that Attorney Kareem was quick to reply on a Sunday afternoon!
The next day, he was already doing a jail visit with my family member. The following day, we were meeting and discussing the case in his office. Right from the beginning,
Kareem expressed his care and compassion for us and my incarcerated family member. He also made us feel very comfortable telling us a personal story of his that made him appreciate nurses, which my mom and I are! This life journey of his, made us feel that he knows the value of life and our family member would be in excellent hands.
Kareem was always available to answer all our questions. If you call him or text him, he will always respond right away or within a few hours. This was an extremely difficult time in our lives and Kareem was always there to ease our minds. When trying to find an attorney who is going to save your life or a close family members, you have to fully trust your lawyer and Kareem is that man. He strongly advocated for my family member and got him released from jail with a mental health diversion. This was the goal from the beginning and we could not be more thankful to Attorney Kareem for the outcome.
The next day, he was already doing a jail visit with my family member. The following day, we were meeting and discussing the case in his office. Right from the beginning,
Kareem expressed his care and compassion for us and my incarcerated family member. He also made us feel very comfortable telling us a personal story of his that made him appreciate nurses, which my mom and I are! This life journey of his, made us feel that he knows the value of life and our family member would be in excellent hands.
Kareem was always available to answer all our questions. If you call him or text him, he will always respond right away or within a few hours. This was an extremely difficult time in our lives and Kareem was always there to ease our minds. When trying to find an attorney who is going to save your life or a close family members, you have to fully trust your lawyer and Kareem is that man. He strongly advocated for my family member and got him released from jail with a mental health diversion. This was the goal from the beginning and we could not be more thankful to Attorney Kareem for the outcome.
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Mr. Ramadan is an amazing lawyer. I had a case that I wanted to get off of my record from a mistake I made in my youth and he was... read more 
Melissa S.
5/17/2022 - I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care... read more
Anna D.
4/13/2022 - I would highly recommend Mr. Ramadan to anyone in a similar situation. He was very helpful throughout the entire process, and the final outcome was very favorable. Erika D.
7/03/2023 - I was faced with a case that never in my life I'd imagine to be dealing with that could've had detrimental effects on my life and career ending. Kareem was... read more WaKas M.
9/14/2022 - Mr. Kareem has been very cooperative and attentive. He's reliable and accommodating. I was in need of a lawyer and called many, however, most sent me to automated systems or... read more
Ashley C.
2/06/2023 - Quick response even on the weekend. Atty Kareem seems like a great attorney however he was too busy for our small case. Thank you for your time.
Yara V.
8/20/2023 - Where do I even start with Kareem... I got into some trouble recently and needed some help as I do not know anything about laws and what my next steps... read more Cory R.
2/15/2023 - I contacted Mr. Ramadan about my son who has an Intellectual disability, he had been arrested in LA county for auto theft placed against him by his employer. My son... read more
Maurice C.
11/15/2022
KAREEM LAW APC – CRIMINAL DEFENSE LAWYER
Attorney Kareem uses his training and experience as a former prosecutor to defend clients throughout Los Angeles and San Bernardino. If you are arrested or charged with a criminal offense, you need someone with experience to defend and protect your rights. Call Kareem.
