In what other kinds of cases can a "factual innocence" order be obtained?
The most frequent situations for factual innocence petitions are those in which it is most likely statistically that a false accusation can be made. So burglary, robbery, drug sales, gun charges and such will be unlikely candidates for a factual innocence finding. But crimes that usually depend on the complaint of a single layperson are more likely to generate factual innocence findings, such as domestic violence, sexual offenses, and spite accusations arising out of neighbor feuds or business dealings gone sour. Think of false child molest accusations arising out of divorces.
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