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Factual innocence means a person did not commit a crime. It is different from a case dismissal, lack of evidence, or being found not guilty. Instead, it refers to a situation in which “a person did not engage in the conduct for which the person was convicted” or “any lesser included offenses of the crime for which the person was convicted.” In Utah, factual innocence serves as a pathway for someone convicted of a crime to clear their name.
In the most basic sense, factual innocence means a person did not commit the crime for which they were convicted. In Utah, factual innocence may be asserted as post-conviction relief after a person was convicted of a crime. To succeed in claiming factual innocence, someone who was convicted of a crime must present “newly discovered material evidence” that was not available to the petitioner at trial or during the resolution of the case on its merits and which, if credible, clearly establishes that the individual did not commit the crime.
Factual innocence is different from being found Not Guilty or having your case dismissed. There are instances in which a person who was not factually innocent is still found Not Guilty, such as if a jury found there was reasonable doubt as to whether the defendant committed the crime, if they took advantage of a diversion program that resulted in the dismissal of their case, or if their cases was dismissed due to lack of evidence, such as following a successful Motion to Suppress Evidence.
In Utah, someone convicted of a crime can file a Petition for a Determination of Factual Innocence. The petition cannot be filed while criminal proceedings or appeals are actively pending. The petition must identify material evidence that “was not available to the petitioner at trial or during the resolution [of the case] on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial.” The petition must include a claim of factual innocence along with supporting affidavits or other credible documentation which establishes that:
In some cases, the State will agree that the new evidence establishes the petitioner’s innocence. When the State refuses to stipulate to factual innocence, the court must hold a hearing to determine whether a “bona fide and compelling issue of factual innocence” exists.
If the court finds by clear and convincing evidence that the petitioner is factually innocent, the court will issue an order vacating the conviction with prejudice and expunging the petitioner’s records. If the court finds by clear and convincing evidence that the petitioner did not commit one or more of the offenses of which they were convicted but did commit lesser included offenses related to those offenses, the court shall modify the original conviction and sentence as appropriate.
A petition for factual innocence must identify newly discovered evidence that establishes the petitioner’s factual innocence. Exculpatory evidence may include:
In cases where the court determines the petitioner is factually innocent, the court shall order that the petitioner receive payment for each year or portion of a year for which the petitioner was incarcerated, up to a maximum of 15 years, payable by the Office for Victims of Crime from the Crime Victim Compensation fund.
Terry Law understands the devastating consequences of being convicted of a crime you did not commit. Our criminal defense lawyer can file a petition for factual innocence and work to have your case expunged and your record sealed.
Terry Law has decades of experience defending individuals charged with crimes in Utah courts. We provide the time-tested advice, guidance, and advocacy that only an experienced criminal defense law firm can offer. Contact our law office today to schedule a confidential appointment to discuss your situation with our criminal defense lawyer and how we can assist you.
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