Get Certificate Factual Innocence

Factual innocence means just that—facts and evidence exist proving that a person accused or convicted of a crime did not or could not have committed it. Factual innocence differs from legal innocence. Legal innocence means the government did not meet its burden of proving guilt beyond a reasonable doubt.

Identity theft is a criminal offense that is broadly defined as using another person's identifying information without consent for fraudulent purposes. Under California Penal Code Section 530.5 PC, identity theft is a serious crime that can carry lengthy prison sentences.

The penalties for violating federal identity theft laws can include up to 15 years in jail, with the possibility of heavy fines. If a victim of identity theft suffered some financial loss, the courts may require a defendant to pay the costs of restitution to the victim.

This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.

§ 530.5 PC – “Identity Theft” – California Law & Penalties Identity theft convictionCalifornia penalties As a misdemeanor Up to 1 year in jail or misdemeanor (or summary) probation As a felony 16 months, 2 years, or 3 years in jail or felony (or formal) probation

A person convicted of misdemeanor identity theft faces up to one year in county jail, a fine of up to $1,000, or both. A person convicted of felony identity theft faces up to three years in California state prison, a fine of up to $10,000, or both. Federal law prohibits identity theft more severely than California law.

It can be reported in the jurisdiction where the crimes occurred. In California, it can be reported to the police agency responsible for the jurisdiction in which the victim lives. Under Penal Code section 530.6, the law enforcement agency where the victim lives must take a report of suspected identity theft.

Fill out the proper forms – Petition for Finding of Factual Innocence (Judicial Council Form CR-181) and Order Sealing Arrest Records (Judicial Council Form CR-182) File the petition forms with the court in the county where you were arrested. Serve the petition on the arresting agency and district attorney.