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Hennepin.us

Hennepin County Attorney > Adult Felonies > Conviction Integrity Unit

Conviction Integrity Unit

The Conviction Integrity Unit (“CIU”) of the Hennepin County Attorney’s Office works to investigate criminal convictions within Hennepin County where there is a plausible claim that an innocent person was convicted or some other serious miscarriage of justice occurred and, based on the findings of those investigations, pursue appropriate relief for individuals.

Have questions? See Frequently Asked Questions at the bottom of the page. The Frequently Asked Questions are also available in the following languages:

  • Spanish
  • Somali
  • Hmong

The CIU was established based on three basic ideas:

1. Sometimes the criminal justice system gets it wrong.

Like all human systems, our criminal justice system sometimes fails, and people can be convicted of crimes they did not commit. There have been thousands of documented exonerations in the United States since 1989, and the numbers keep rising each year. We know from this large body of cases that certain factors tend to show up in wrongful convictions. Those factors include mistaken eyewitness identifications, false confessions, flawed forensic science, perjured witness testimony, and the failure to disclose evidence favorable to the defense, among other things. We also know that wrongful convictions can occur even in the absence of any wrongdoing on behalf of police or prosecutors.

2. Wrongful convictions impose a high cost on individuals and society more broadly.

Wrongful convictions impose an intolerably high cost on the individual defendant by improperly depriving that person of their liberty, one of the gravest harms the state can impose on one of its citizens. But it is not just the individual defendant who is harmed. Taking that person out of society also harms that person’s family, friends, and community. Society as a whole also suffers when the wrong person is convicted because that means the actual offender is left free to cause further harm.

3. Prosecutors have a unique and essential role in remedying wrongful convictions.

Prosecutors serve a special role in our legal system as ministers of justice whose aim should in all cases be to achieve the right result and not merely to win cases or defend convictions. Therefore, where we discover that an error has occurred in one of our cases, we take seriously the obligation to take steps to remedy that error.

In addition to seeking relief in court on behalf of individuals where an investigation reveals that a wrongful conviction or serious injustice occurred, the CIU seeks to learn from past mistakes in order to improve our systems and avoid such errors in the future.

As of July 2024, the CIU is in the process of setting up its basic processes and systems. We expect to be in a position to accept applications on behalf of incarcerated individuals shortly and will provide additional information on this site about how to apply as soon as that information is available.

Please note that the CIU can only review cases where an individual was convicted in Hennepin County. For Minnesota state court convictions outside of Hennepin County, you may find information about the Conviction Review Unit with the Attorney General’s Office here.

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How to Apply

Anyone who wants to apply to the CIU should fill out our application and return the application by email to CIU@hennepin.us or by mail to the following address:

Hennepin County Attorney’s Office
Attn: Conviction Integrity Unit
300 South 6th Street
Minneapolis, MN 55487

Applications are available in multiple languages:

  • Spanish
  • Somali
  • Hmong

Printed copies of our application will be available at state prisons through the libraries.

Before submitting an application, the applicant must carefully review the section “What You Need to Know Before You Apply.” Anyone represented by an attorney should consult with their attorney before submitting an application.

Eligible Cases

The CIU can only review criminal convictions in cases that were prosecuted by the Hennepin County Attorney’s Office. Cases may be eligible whether someone pled guilty or was found guilty at trial.

Applicants must make a plausible claim that they are actually innocent or were wrongfully convicted of the crime charged. In order for the CIU to investigate, there will need to be potential leads to reliable new evidence to support the claim of wrongful conviction.

 
Applying If No Longer Incarcerated

Yes, applicants who are no longer incarcerated may apply. But, because the CIU has limited resources, it will need to direct those resources to cases where individuals have the most at stake.

As a result, the CIU will generally prioritize cases where the applicant is currently incarcerated and is serving a substantial amount of time in prison.

Types of Crimes Under Consideration
The CIU can investigate convictions for any type of crime. However, convictions for sex crimes where the main evidence at trial consisted of the victim’s story and the defendant’s denial, without substantial other evidence, generally are not strong cases for CIU review because those cases typically do not present many angles for investigation or new factual development.
No Review of Cases Pending on Direct Appeal
The CIU will not consider cases where a direct appeal following conviction is still pending. A direct appeal includes cases currently pending review with the Minnesota Court of Appeals or the Minnesota Supreme Court.
Applying With Pending Post-Conviction Petition

A person may apply if they have a pending post-conviction petition, but if the person is represented, they should consult with their attorney prior to submitting an application to the CIU.

It is important to know that applying to the CIU does not by itself stop or delay any applicable court deadlines. Also note that the CIU attorneys represent the State of Minnesota, and nothing an applicant shares with the CIU is subject to attorney-client privilege.

Process After Application Submission

If the application meets the basic requirements for CIU review, the CIU will perform the following steps:

First, the CIU will conduct a preliminary investigation to decide whether the case presents plausible claims of wrongful conviction of the type that justify a full factual investigation. 

Next, for cases that move into the full investigation stage, the CIU will conduct an investigation with the goal of determining whether there are new facts that would justify some form of legal relief. The scope and nature of that investigation will be highly case-specific. It may involve, among other things, witness interviews, review of government files, and any applicable DNA or other forensic testing.

 
Informing Victims and Surviving Families

For cases that move into the full investigation stage, the CIU will seek to notify all applicable victims and survivors that the CIU is investigating before the CIU conducts any interviews or does other investigative work outside of reviewing government files.

The CIU will share any available resources or referrals to victims and survivors that could be helpful and responsive to their circumstances. The CIU will seek to provide victims and survivors with as much information as possible about how the process works and what to expect.

If the Hennepin County Attorney’s Office ends up supporting relief in a case, the CIU will seek to inform victims and survivors of that fact before any court filing or public announcement.  The CIU will explain why the HCAO is supporting such relief and seek to answer all questions as fully and candidly as possible. The CIU will also let victims and survivors know if the full investigation is closed because the CIU does not support relief. 

Length of Review
Given the number of variables, including the number of applications pending at any given time, it is difficult to give an estimate as to how long the review process may take. In any case that goes through the full investigative process, however, applicants and their loved ones should expect a lengthy wait.
Providing Status Updates
The CIU will notify applicants by postal mail if their application is being denied or if their case is moved into the full investigation stage. Once a case is in full investigation, the timing and substance of any updates will vary by case. For applicants represented by an attorney, the CIU will communicate with the attorney.
End of Review Process

Based on the results of its investigation, if the CIU determines that the facts show that a wrongful conviction occurred and that there is a legal basis for some form of relief, the CIU will provide that opinion to the Hennepin County Attorney along with a recommendation for relief.

The County Attorney must then determine whether the Hennepin County Attorney’s Office will agree to relief.

Ultimately, a court must be the one to grant the relief, whether that is vacating a conviction or modifying a sentence. In cases where we support relief, the CIU will coordinate with the applicant’s attorney concerning any applicable court filings.

No Appeals of CIU Decisions

CIU review is performed within the County Attorney’s Office and is not a judicial process.

No one has a legal right to CIU review, and there is no process for appealing an unfavorable decision. The CIU’s rejection of an application, however, does not affect the person’s ability to pursue other forms of relief, including through postconviction litigation or clemency petitions.

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