Criminal Defense in Ventura County
What’s the Difference between Factual Innocence & The C.A.R.E. Act?

What’s the Difference between Factual Innocence & The C.A.R.E. Act?

A person could obtain a criminal record in California for a conviction or even an arrest. Having a criminal history can lead to denied career and educational opportunities, as well as a negative effect on your personal life.

Fortunately, record sealing enables defendants to have their criminal history blocked from background checks. So, if a prospective employer, academic advisor, or landlord asks if you have been charged or convicted of a crime, applicants can legally and honestly say, “No.”

There are two ways you can seal a criminal record in California: a factual innocence motion and The C.A.R.E. Act. The main difference between the two is that the former applies to only arrests, while the latter applies to both arrests and convictions.

To file a factual innocence motion, one of the following must be true:

  • There was an arrest, but no charges were filed
  • There were an arrest and charge, but no conviction
  • There was a jury acquittal

A criminal record can be sealed under the C.A.R.E. Act if one of the following is true:

  • There was an arrest, but no charges were filed, and the statute of limitations has expired
  • There were an arrest and charge, but no conviction
  • There was a jury acquittal
  • There was a reversal of the conviction

However, the C.A.R.E. Act doesn’t apply to murder arrests and other crimes that don’t have a statute of limitations. Regarding the arrest, the person didn’t attempt to evade law enforcement and engage in identity fraud.

Since the process of record sealing is quite complex, having an experienced criminal defense lawyer on your side can ensure you obtain the results you desire. Contact Wilfert Law P.C. today at (805) 994-0560 and schedule a free case review.

Categories: