How do I prove my "factual innocence?" Do I have to go to trial?
A trial will not be involved. The proceeding is intended to be expedited, quick, and relatively easy. Your proof will be mostly documentary and sworn declarations by witnesses and people who know the facts of the case. You will probably attach a copy of the police report establishing that someone else used your name without permission, or other evidence that you were wrongfully arrested. The law is generally quite flexible in what is allowed to be considered in supporting the petition, so that even evidence that might not be technically proper in a regular trial, can be used to prove your innocence.
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
