A person against whom a charge has been dismissed can petition the court for a finding of factual innocence.  There is a legal procedure Cal. Penal Code, § 851.8the legislature has established for that purpose.  The judge has the ultimate say in the matter.  The judge's decision will likely turn on the evidence before the court.  For example, if a charge is dismissed solely because the defendant pleaded to another charge, then the court will probably not find that the defendant is factually innocent.  However, if a charge is dismissed because the evidence did not support the charge, or because the evidence actually refutes the charge, then the judge will grant the finding of factual innocence.

There are some benefits to obtaining a finding of factual innocence.  When a person is arrested and charged with a crime, the fact of that arrest and/or criminal filing shows up on the person's rap sheet, even if the charges are ultimately dismissed.  There have been countless occasions on which DAs have brought up my client's prior arrests and cases to paint him in a negative light, even if the charges were eventually dismissed.  More importantly, future employers and licensing agencies may obtain access to a person's criminal history and decide not to even take a chance on someone who has been arrested for certain serious offenses.  Moreover, if an applicant ever has to explain a prior arrest it sounds better if he can say that he was found factually innocent of the charge.  The finding of factual innocence removes the cloud of suspicion and constitutes an emphatic judicial statement that the person did not commit a particular crime.  Thus, I think a person should obtain a finding of factual innocence, especially as to a serious charge, if at all possible.  Stratton S. Barbee

Links

Sample Motion for Factual Innocence Carico Law.com/