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California: Adult Factual Innocence (CA-FI-1)

California: Adult Factual Innocence (CA-FI-1)

Records relating to an offense containing the name of an identity theft victim as the perpetrator of the crime can be deleted or sealed after the court has issued a determination of factual innocence. Cal. Pen. Code § 530.6(b), (c).
Record Detail(s)
Identity theft
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Hearing
No statutory language
Clearance Process
Petition-based
Remedy
Delete
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The local law enforcement agency must be contacted to begin an investigation of the facts. The petition must be filed in court. Cal. Pen. Code § 530.6(a), (b).
Fees
There is no statutory language regarding fees.
Effect
After issuing a determination of factual innocence, the court can order the personal identifying information contained in court records, files, and indexes deleted, sealed, or labeled to show the data is impersonated and does not reflect the petitioner's identity. Cal. Pen. Code § 530.6(c).
Forms
An expungement form is available here.
Waiting Periods
There is no statutory language regarding waiting periods.

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