The Exoneration Process
Overturning a wrongful conviction is a complex legal process that can take years. Understanding the steps — from identifying new evidence to filing the right motions — is critical to a successful outcome.
This is general educational information, not legal advice. Post-conviction proceedings have strict procedural requirements. Always consult a qualified attorney before taking legal action.
Step-by-Step Guide
Identify New Evidence
The foundation of most exoneration efforts is new evidence that was not available at trial. This may include DNA evidence, recanted witness testimony, new forensic analysis, evidence of official misconduct, or the identification of the actual perpetrator.
Tip: Document everything. Gather records of trial proceedings, police reports, forensic evidence, and witness statements.
Consult a Qualified Attorney
Post-conviction law is highly specialized. An experienced wrongful-conviction attorney can evaluate whether new evidence meets the legal threshold for relief and identify the best avenue — a CPL §440.10 motion, a CIU request, or an innocence organization referral.
Tip: If you cannot afford an attorney, contact the Innocence Project, Prisoners' Legal Services, or the Legal Aid Society.
File a CPL §440.10 Motion (New York)
In New York, Criminal Procedure Law §440.10 allows a convicted person to move to vacate a judgment based on newly discovered evidence, constitutional violations, fraud, or other specified grounds. This is filed in the court that entered the judgment of conviction.
Tip: There is no absolute time limit for §440.10 motions, but courts may consider the delay in filing. Acting promptly strengthens your case.
Request a CIU Review
Many DA offices in New York maintain Conviction Integrity Units that independently review cases. A CIU request is separate from (and does not replace) a court motion. The CIU will investigate and, if warranted, may join in a motion to vacate the conviction.
Tip: A CIU request does NOT extend any legal deadlines. Consult your attorney before filing.
Investigation & Hearing
If a court grants a hearing on a §440.10 motion, both sides present evidence. The judge evaluates whether the new evidence would have likely changed the trial outcome. CIU investigations proceed on their own timeline and may involve re-testing evidence, re-interviewing witnesses, and reviewing the original prosecution file.
Tip: Cooperate fully with investigators. Provide any documentation or contacts that may support the claim of innocence.
Vacatur & Exoneration
If the court is satisfied that the conviction should not stand, it vacates the judgment. The prosecution may then dismiss the charges, retry the case, or take no further action. An exoneration is officially recorded when charges are dismissed or the person is acquitted at retrial.
Tip: Exonerees in New York may be eligible for compensation under Court of Claims Act §8-b (the "Unjust Conviction and Imprisonment Act").
Key Legal Provisions (New York)
CPL §440.10
Motion to vacate a judgment. Grounds include newly discovered evidence, constitutional violations, prosecutorial fraud, false testimony, and ineffective assistance of counsel.
CPL §440.20
Motion to set aside a sentence. Used when the sentence was unauthorized, illegally imposed, or otherwise invalid — even if the conviction itself is not challenged.
Court of Claims Act §8-b
The "Unjust Conviction and Imprisonment Act" — provides a pathway for exonerees to seek financial compensation from the State of New York for wrongful imprisonment.
Executive Law §259-i
Governs parole board decisions. An exoneree released on parole before formal vacatur may seek full relief through the courts or a CIU to clear their record entirely.