In some states, they do not focus on the penal code to provide eligibility for the affidavit of factual innocence; rather they focus on one’s status in the case.
In this state, if you are the victim of identity theft you stand a higher chance of getting an affidavit of factual innocence.
This state does not provide an affidavit of factual innocence if you are the one being accused.
However, before you file, it’s advisable to sit down with your lawyer and review the facts of your case to avoid circumstances whereby the petition backfires on you.
A petition for an affidavit of factual innocence can be filed up to two years from the date of arrest or filing of the accusatory plea.
However, if one has passed the deadline and he or she can give substantial reasons as to why the deadline should be waived, then he or she can still apply for an affidavit of factual innocence.
Several agencies have been put in place to assist those who are victims of identity theft such as the Monder Law Group.
Agencies like this have numerous lawyers and paralegals who sit down with their clients and review the case, thereby sighting whether or not the case is eligible for an affidavit of factual innocence.
After filing for the petition the court will set a date for the hearing.
During the hearing the attorney general will try to argue the innocence of the accused by providing evidence–such as police reports.
If the petitioner is indeed innocent then the court will order the department that carried out the arrest to seal its records of the case and to destroy them after three years.
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This is quite an interesting article. I never never such a thing existed. I am going to have to check this out for my parents since they had identity theft on them. I wonder if they need his prepares for them. Thanks for the advice.
This is really good to know about, as it's an official declaration that you're innocent. Sure, you're innocent until proven guilty, but I can see credit card after credit card suing you for money that someone stole out of your account. The Affidavit makes it official - not your fault.