Wrongful Conviction in Michigan: Understanding Your Legal Options

Wrongful Conviction in Michigan: You Have Options

Michigan has wrongfully convicted innocent people. The state has an exoneration registry, an active innocence clinic, and a post-conviction framework that — while imperfect — provides real avenues for relief. If you or a loved one maintains innocence after a Michigan conviction, this guide outlines every legal option available.

Michigan Court Rule 6.500: Motion for Relief from Judgment

The primary vehicle for challenging a final Michigan conviction is a Motion for Relief from Judgment under MCR 6.500. This motion is filed in the trial court and allows claims based on:

Crucially, MCR 6.500 allows you to develop new evidence through an evidentiary hearing — making it far more powerful than a direct appeal for innocence-based claims.

The Michigan Innocence Clinic

The University of Michigan Law School's Michigan Innocence Clinic accepts cases where there is credible evidence of actual innocence and no biological evidence is available (cases with DNA evidence are referred to the Innocence Project). The clinic accepts serious felony cases only.

Applications are evaluated based on:

Apply directly at law.umich.edu/clinical/innocenceclinic.

DNA Testing Under MCL 770.16

If biological evidence was collected in your case and was not tested (or was tested with older technology), Michigan law allows a convicted person to petition the court for post-conviction DNA testing. If testing excludes you, the results form powerful grounds for a new trial.

Michigan Compensation for Wrongful Conviction

Michigan's Wrongful Imprisonment Compensation Act (WICA), MCL 691.1751 et seq., provides compensation to innocent people who are exonerated. Eligible individuals may receive:

To qualify, you must obtain a final judgment of exoneration or pardon based on innocence, and then bring a civil claim within three years.

Federal Habeas Corpus

After exhausting Michigan state remedies, federal habeas under 28 U.S.C. § 2254 is available to challenge constitutional violations. Claims based on newly discovered evidence, Brady violations, or fundamental unfairness can be raised in federal court if properly exhausted.

In extraordinary cases, a petitioner who shows actual innocence may be able to overcome procedural default or AEDPA's one-year deadline (Schlup v. Delo gateway).

Executive Clemency and Pardon

The Michigan Governor has the power to pardon, commute sentences, and grant reprieves. A gubernatorial pardon does not declare legal innocence, but it does remove the legal disabilities of a conviction and can precede a WICA compensation claim.

Pardons are rarely granted for contested cases. They are most common where a person has completed their sentence and demonstrated extraordinary rehabilitation, or in clear cases of innocence supported by strong evidence.

What to Do Right Now

If you believe a Michigan conviction is based on an injustice:

1. Preserve evidence — request that biological evidence, trial exhibits, and investigative files be preserved immediately

2. Obtain the full trial record — transcripts, exhibits, police reports

3. Consult a post-conviction attorney — do not file a pro se motion without understanding how it affects your future options

4. Act before deadlines — MCR 6.500 has timing restrictions, and AEDPA's one-year clock may already be running

Libre Litigation Inc. is licensed in Michigan and takes post-conviction cases across the state. Call us or schedule a consultation to discuss your situation.