DNA Evidence and Wrongful Convictions: What You Need to Know

DNA as the Gold Standard of Innocence Proof

Since the first DNA exoneration in 1989, DNA evidence has freed over 375 wrongfully convicted individuals in the United States. In many of these cases, the person had served decades in prison — sometimes on death row — for a crime they did not commit.

If biological evidence was collected at the scene of the crime you were convicted of, and that evidence was not tested (or was tested with older technology), you may have the right to seek DNA testing post-conviction.

The Right to Post-Conviction DNA Testing

All 50 states have enacted statutes granting convicted persons the right to petition for DNA testing of biological evidence. The requirements vary by state:

Michigan

Under MCL 770.16, a convicted person can petition the court for DNA testing of biological evidence if the evidence:

Arizona

Arizona Revised Statute § 13-4240 grants convicted persons the right to request DNA testing. The petitioner must show that the evidence exists, has been preserved, and that the testing would raise a reasonable probability of the defendant's innocence.

North Carolina

North Carolina's Innocence Inquiry Commission provides a unique avenue: an independent panel can investigate claims of factual innocence, including DNA-based claims.

What Happens If DNA Testing Excludes You?

If post-conviction DNA testing excludes you as the contributor of biological evidence, you can use the results to:

1. File a motion for new trial based on newly discovered evidence

2. Pursue a free-standing actual innocence claim if your state allows it

3. File a federal habeas petition using the DNA results as the new factual predicate

4. Petition for a pardon or executive clemency

5. Apply to an innocence project for investigation and representation

The Preservation Problem

A major obstacle in DNA cases is evidence preservation. Biological samples degrade over time and may be destroyed after a conviction becomes final. Many states require that evidence be preserved upon request by the defendant. If you suspect biological evidence exists in your case, contact an attorney immediately to request preservation.

Innocence Organizations

Several organizations specifically handle DNA-based wrongful conviction cases:

These organizations typically accept cases where DNA testing can prove innocence.

Beyond DNA: Other Forms of Innocence Evidence

DNA evidence is not available in every case. Other forms of evidence that have overturned wrongful convictions include:

At Libre Litigation, we investigate every avenue available to establish actual innocence. Contact us if you believe you were wrongfully convicted.