If you believe you were wrongfully convicted and need help, the most reliable starting point is the Innocence Network’s online directory, which lists more than 70 independent member organizations that provide free legal and investigative services to people claiming factual innocence.1Innocence Network. Who We Are Learning how to get help for a wrongful conviction comes down to three things: finding the organization that covers the jurisdiction where you were convicted, assembling the case record and the specific new evidence that points to innocence, and acting before the filing deadlines close.
Who to Contact First
The Innocence Network maintains a searchable directory at innocencenetwork.org/directory. You pick the state where the conviction happened, not the state where you are currently incarcerated, and the directory returns the member project that handles that jurisdiction along with its contact information.2Innocence Network. Network Member Organization Locator and Directory
Several other paths exist alongside the Network. Many law schools run post-conviction clinics that take cases their faculty and students can supervise. Some nonprofits focus narrowly on particular case types, such as capital cases or juvenile convictions. If you are not sure who covers your situation, the Network directory is still the right first stop; member projects routinely refer applicants to the right place when a case falls outside their scope.
What Kinds of Cases Get Accepted
Acceptance is competitive, and criteria differ sharply among organizations. The national Innocence Project in New York takes cases where DNA testing of physical evidence can prove innocence. Their intake is explicit: if biological evidence such as blood, bodily fluids, or hair was collected, can still be located, and testing it would prove you could not have committed the crime, they will consider the case.3Innocence Project. Request Representation They review a limited number of non-DNA cases but generally refer those applicants to network members with broader intake.
Other member organizations accept non-DNA cases built on recanted testimony, newly identified witnesses, discredited forensic methods, or proof that the prosecution withheld favorable evidence. The common thread is factual innocence. A claim that your trial lawyer performed poorly, standing alone, is a weaker fit than a claim backed by new evidence that points away from you or toward someone else. Services at accepted cases are free; these organizations are funded by private donations and federal grants.
What to Gather Before You Apply
Pull together everything you can from the original case before you send an application. The core set is the trial transcript, appellate briefs, police reports, and any forensic lab results. If your former defense attorney still has the file, request it. If not, contact the clerk of court in the county where you were convicted to obtain transcripts and filings. Trial transcripts can run hundreds of pages and cost several dollars per page depending on the jurisdiction, so plan for that or ask the clerk about fee waivers for indigent applicants.
The part of the application that matters most is the specific evidence that undermines the conviction. Screeners look for something concrete: a witness who has come forward, a forensic technique since discredited, biological material that was never tested, or documents the prosecution did not disclose. A general narrative about unfairness does not move a case forward. Intake forms ask for sentencing dates, charges, prior appeals, and a clear summary of why the conviction is wrong. Fill every field accurately. Incomplete applications get set aside.
How to Submit
Follow each organization’s instructions exactly. The Innocence Project asks applicants to mail only a completed application form for initial review, with no supplemental documents, phone calls, or emails.3Innocence Project. Request Representation Other organizations accept online submissions through secure portals or have their own paperwork. Deviating from the process can delay or derail an application that would otherwise be reviewed.
Deadlines That Can End the Case Before It Starts
Many wrongful conviction claims die on the clock, and the clock is worth understanding before you apply anywhere. Federal habeas corpus petitions carry a one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act. For state prisoners, that year generally starts when the conviction becomes final after direct appeal, though it can restart based on newly discovered evidence or a new constitutional right recognized by the Supreme Court. Time spent pursuing state post-conviction remedies does not count against the federal window, but once the clock is running it is unforgiving.4Office of the Law Revision Counsel. 28 U.S. Code 2244 – Finality of Determination
Federal prisoners face the same one-year deadline for a motion under 28 U.S.C. § 2255, triggered by the date the conviction became final, the removal of a government-created obstacle, a newly recognized constitutional right, or the discovery of new facts supporting the claim.5Office of the Law Revision Counsel. 28 USC 2255 – Federal Custody; Remedies on Motion Attacking Sentence
There is one narrow exception. In McQuiggin v. Perkins the Supreme Court held that a convincing showing of actual innocence can serve as a gateway past the expired deadline, but the standard is deliberately high: you must show that it is more likely than not that no reasonable juror would have convicted you in light of new evidence, and unexplained delay in presenting that evidence weakens the claim.6Legal Information Institute. McQuiggin v Perkins This is a last resort, not a strategy. The practical takeaway is to contact an innocence organization early rather than waiting until a case is “ready,” because the organization can help preserve rights that would otherwise expire.
Protecting the Physical Evidence
A parallel clock runs on the evidence itself. Federal law requires the government to preserve biological evidence collected during the investigation and prosecution of a federal offense for as long as the defendant remains imprisoned. There is a gap, though: once a conviction becomes final and all direct appeals are exhausted, the government can send notice that it intends to destroy the evidence. You then have 180 days to file a motion for DNA testing, or the evidence can legally be disposed of.7Office of the Law Revision Counsel. 18 USC 3600A – Preservation of Biological Evidence If any such notice arrives, respond immediately.
State evidence preservation laws vary widely and are often weaker than the federal standard. Many states have no mandatory preservation period at all, so evidence from older cases may already be gone. Early in a wrongful conviction effort, one of the first questions to answer is whether the physical evidence still exists.
Investigative files held by law enforcement are a separate problem. A request under the federal Freedom of Information Act or a state equivalent may produce some records, but agencies routinely withhold portions under exemptions that protect confidential sources, investigative techniques, and personal privacy.8U.S. Department of Justice. What Are the 9 FOIA Exemptions Getting the full file often takes a court order, which is another reason legal representation matters.
What to Expect From Screening
Expect a long wait. These organizations are understaffed relative to the volume of requests they receive. The Mid-Atlantic Innocence Project warns applicants that the screening process alone can take several months to over a year.9Mid-Atlantic Innocence Project. Get Help That is before any investigation begins. If a case passes preliminary review and moves into active investigation, interviewing witnesses, re-testing evidence, and building a legal strategy add substantial time on top.
The process generally runs in stages. A screener first checks whether the case meets the organization’s basic criteria: correct jurisdiction, a claim of factual innocence, and identifiable evidence that could prove it. Cases that clear this hurdle move to a deeper legal review by attorneys or supervised law students, who assess whether there is a viable path to relief. Only a small fraction of applications reach full representation. That outcome is not a judgment about whether you are innocent; it reflects whether the available evidence gives a legal team something to work with.
Once an organization takes the case, your attorneys choose the appropriate legal mechanism, which may include a federal habeas petition under 28 U.S.C. § 2254 for state prisoners,10Office of the Law Revision Counsel. 28 USC 2254 – State Custody; Remedies in Federal Courts a § 2255 motion for federal prisoners, a state post-conviction petition or DNA testing motion, or a claim based on a Brady violation if the prosecution withheld material favorable evidence.11Justia. Brady v Maryland, 373 US 83 (1963) The choice depends on the court of conviction and the nature of the new evidence, and it is the kind of decision an experienced post-conviction attorney makes rather than something an applicant needs to resolve beforehand.
Conviction Integrity Units
A growing number of district attorney offices operate conviction integrity units, internal divisions that review credible claims of wrongful conviction. When such a unit finds the claim meritorious, it can recommend that the office join in a motion to vacate the conviction, which dramatically simplifies the legal path. Not every jurisdiction has one, and willingness to engage varies. If the office that prosecuted the case has a conviction integrity unit, it is worth asking an innocence organization or your attorney to request a review through it in parallel with the court filings.
One Boundary Worth Knowing
Overturning the conviction and clearing the collateral consequences are not the same thing. Having a conviction vacated does not automatically erase the record, trigger compensation, or restore the full set of rights lost at conviction; each of those requires its own process after exoneration. If you reach that point, raise record clearing and compensation with your legal team immediately rather than assuming either happens on its own.