Seal California Criminal Arrest Record
(Petition for Declaration of Factual Innocence)

Completely innocent people can be arrested. When a background check is run, an arrest record can cost you the job or otherwise interfere with your life in a number of ways.

Under California Penal Code Section 851.8, you or your attorney can make a motion for a finding of factual innocence and an order for the sealing and destruction of arrest records. Such a motion will be granted if the trial court finds “that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made.”

You bear the burden of establishing that no reasonable cause exists to believe that you committed the offenses.  That is an objective question measured by an external standard–whether a person of ordinary care and prudence would believe or conscientiously entertain an honest and strong suspicion that the person arrested is guilty of the crimes charged.

With your help, Beahm Law will meet this burden of proof by presenting evidence, including live testimony by witnesses to establish your factual innocence.

You must not delay in filing an 851.8 motion. Unless an exception is granted, an 851.8 motion can only be filed up to two years from the date of the arrest or filing of the accusatory pleading, whichever is later. The two year restriction may be waived, but only upon a showing of good cause by the petitioner and in the absence of prejudice.