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State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Conviction review is the process of investigating a prior conviction to determine if there is compelling evidence of factual innocence. Conviction review may involve a review of existing evidence, witness interviews, prior testimony, laboratory results and other relevant information. Sometimes conviction review will include new scientific analysis, interviews or additional investigation. If there is clear and convincing evidence that a person is factually innocent of a crime for which they have been convicted, the Post-Conviction Justice Unit will seek exoneration. Exoneration is a legal process whereby a court declares that the person is innocent.
If you are factually innocent of a crime, you may request conviction review. The request for conviction review should be made in the county where your conviction was obtained. If you were prosecuted by a district attorney, you must contact the prosecuting agency that obtained the conviction against you in order to request conviction review.
The California Department of Justice (DOJ) Post-Conviction Justice Unit uses an application process for conviction review when a case was prosecuted by a Deputy Attorney General. PCJU may also review cases prosecuted by a District Attorney where the District Attorney cannot conduct the review due to a conflict or a lack of resources to investigate a claim.
Most cases are prosecuted by county prosecutors or Deputy District Attorneys. Sometimes due to conflicts, resources, or other factors, a Deputy Attorney General working for DOJ will handle the case. If you have a transcript from your trial, it will usually have the name and employing agency of the prosecutor at the beginning of the transcript. Information about the prosecuting agency is also contained in the Abstract of Judgment and some minute orders from court proceedings. If you were represented by counsel at trial, they should be able to provide you with the name of the prosecuting agency in your case.
PCJU only reviews cases after a complete application has been submitted for review or a referral has been made by another prosecution office. PCJU is guided by California Rules of Professional Conduct, rule 3.8(f), which states that when a prosecutor knows of new, credible, and material evidence that shows a person was convicted of a crime they did not commit, the prosecutor must cause an investigation to determine whether somebody was wrongfully convicted. With this rule, PCJU will investigate cases where there is credible and material evidence currently available or can be reasonably obtained that shows a convicted person did not commit the crime for which they were convicted. A person does not need to fully investigate their case before applying for conviction review.
You or your authorized designee may complete an electronic application. You may obtain a paper copy of the application from a Prison Law Office. You can also request an application by mail or email:
California Department of Justice
Post Conviction Justice Unit
PO Box 944255
Sacramento, CA 94244
or
pcju@doj.ca.gov
Once your application is received, it will be evaluated to determine if there is credible evidence of factual innocence. We may deny further review of your case for a variety of reasons and if more information is required, we will contact you or your legal representative by mail. This process may take months or even longer to complete. If DOJ decides to petition for exoneration in your case, you and your legal representative will be notified by mail.
If DOJ files a petition seeking exoneration, the court will set a hearing date and appoint counsel to assist you. After a petition is filed, the ultimate decision on exoneration is made by a judge at a hearing where you have the right to attend and present information to the court.
The PCJU standard for exoneration based on factual innocence is satisfied when the evidence is so clear and convincing that a person was wrongly convicted of an offense that a reasonable person would agree the applicant was convicted of an offence that they did not commit.
If PCJU does not find clear and convincing evidence of factual innocence but other factors are present that suggest a candidate is eligible for other relief, PCJU may ask an applicant to apply for prosecutor initiated resentencing pursuant to Penal Code section 1172.1, support release at a parole hearing, concede to a petition for writ of habeas corpus, or report findings to the court in compliance with Rule 3.8.