Statute of Limitations to File a Petition for Factual Innocence – PC 851.8

January 15, 2023

The statute of limitations is a legal time limit within which legal action must be taken. In the case of a petition for factual innocence under California Penal Code 851.8, the statute of limitations is two years from the date of the arrest. This means that the petition must be filed within two years of the date of the arrest, or it will not be considered by the court.

The statute of limitations is an important aspect of the petition for factual innocence process, as it helps to ensure that the petition is filed in a timely manner and that the court has the necessary information to make an informed decision. The two-year time limit also helps to ensure that the arrest record is sealed and destroyed as soon as possible, which can prevent discrimination or negative consequences that may result from having an arrest record.

It’s important to note that the two-year statute of limitations is a strict deadline and the courts will not accept a petition that is filed after the deadline unless there are extenuating circumstances that prevented the petitioner from filing the petition earlier. Such circumstances can include but are not limited to, being in custody or mental incapacity.

Another thing to keep in mind is that the statute of limitations for a petition for factual innocence is different than the statute of limitations for other types of relief, such as a motion to vacate a conviction or a certificate of rehabilitation. Each of these options have different requirements and may have different time limits, so it’s important to understand which type of relief is most appropriate for your particular case.

It’s also important to note that, even if the statute of limitations has expired, a person who has been arrested but not convicted of a crime may still be able to clear their criminal record by other means, such as by petitioning for a Governor’s Pardon or by filing an expungement petition.

If you were arrested and no charges were filed, or charges were dismissed, then you may be eligible to file a petition for factual innocence. Contact the Law Offices of John D. Rogers today to schedule a free consultation. Call us today to speak with an experienced Orange County criminal defense attorney.

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