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Understanding the Important Differences Between a Factual Innocence Motion and the C.A.R.E. Act

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Understanding the Important Differences Between a Factual Innocence Motion and the C.A.R.E. Act

June 5, 2019

Understanding the Important Differences Between a Factual Innocence Motion and the C.A.R.E. Act

Anyone with an arrest record knows that it can follow them for the rest of their life. It can prevent them from attending college. It can prevent them from obtaining a professional license. Even if you were not convicted of the crime, the arrest record itself could have a negative effect on your life. Luckily, there are options for you.

The two main options are to obtain a factual innocence motion or to seal your record under the C.A.R.E. Act. Each have different criteria. Keep reading to get the facts about them and then contact The Mattern Law Firm at 310-342-8254 to talk to a criminal defense attorney who can help you find the best way to clear up your record.

The Facts Behind a Factual Innocence Motion

One of the following must be true for you to be able to file a factual innocence motion: You were arrested and charges were not filed; or you were arrested and charged but were not convicted; or you were acquitted by a jury. If one of those are true then we urge you to contact The Mattern Law Firm right now to find out what your options are to get the arrest removed from your record.

The Facts Behind the C.A.R.E. Act

The C.A.R.E. Act is similar but not identical. A person is eligible for their arrest record to be sealed under this Act if they were arrested but charges were not filed and the statutes of limitations for all charges has expired; or they were arrested, charged, and there was no conviction; or they were acquitted by a jury; or their conviction was reversed when appealed.

However, that is not all – It must also be true that they were not arrested for murder or another crime without a statute of limitations, and they did not attempt to evade authorities in order to avoid prosecution, and they did not engage in identify theft in order to avoid prosecution or arrest.

The Main Differences Between the Two Options

As you can see, there are many ways in which these two options overlap, but there are also ways in which they are different. One of the main differences is that the factual innocence motion does not require the accused to wait for the statute of limitations to expire. However, the factual innocence motion is not available for a person who was convicted, even if their sentence was overturned. The C.A.R.E. Act does apply for convictions that were overturned.

Talk to an Attorney to Find Out How to Seal Your Criminal Record

Hopefully this general information is helpful but remember that every case is different. If you have an arrest record that you want cleaned up, contact The Mattern Law Firm at 310-342-8254 and request a free case evaluation. We will carefully consider your case and find the best way forward.

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