Conviction Integrity Unit
The Conviction Integrity Unit (CIU) reinvestigates and resolves credible claims of actual innocence or wrongful conviction independently of the typical judicial process. The CIU prioritizes claims of actual innocence but may on occasion evaluate other applications alleging wrongful conviction.
There are over 100 prosecutors’ offices in the United States with active Conviction Integrity or Conviction Review Units. According to the National Registry of Exonerations, CIUs have been involved in the exonerations of almost 800 people.
Yes. CIU staff (led by attorneys and with the assistance of inspectors and paralegals) are employed by and make recommendations to the District Attorney about the appropriate remedy (if any) that should result from its findings. The District Attorney makes all final decisions about whether a remedy should be provided to a person seeking review by the CIU.
The District Attorney’s Office trusts its prosecuting attorneys to seek fair and just convictions and to honor the rights of all defendants. However, as with any process entrusted to human beings, mistakes can occur. The District Attorney’s Office is committed to making sure that any such mistakes are rectified.
The case must have been prosecuted by our office.
“Actual innocence” is defined as new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted or clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit.
A “wrongful conviction” refers to a case in which actual innocence cannot be proven, but which either: 1) presents extraordinary and compelling evidence that the conviction was not based on competent evidence; or 2) was obtained through a grossly unfair process. This is not the same thing as determining whether a defendant’s constitutional rights were violated. The CIU focuses on whether an innocent person has been wrongfully convicted.
No. The CIU review is not part of the court process and defendants do not have a legal “right” to have their cases reviewed.
The CIU case review takes place outside the court process, and thus submitting an application has no effect on legal processes. For example, submitting a CIU application does not toll (or otherwise impact) any deadlines for filing other types of petitions.
No, the CIU does not represent criminal defendants and cannot offer legal advice. The CIU is part of the District Attorney’s Office.
Either the defendant or someone authorized by the defendant (i.e. a family member or attorney) can file a claim with the CIU. Defendants who are currently represented by counsel should consult with that counsel prior to submitting an application.
Most cases submitted to the CIU will not result in significant re-investigation or exoneration. Victims are not contacted in such cases. However, the CIU will notify victims/next-of-kin if review progresses to a stage in which relief is being strongly considered or in which witnesses in the community are being interviewed.
We request that all applicants fill out the application form to the best of their ability.
Forms can be emailed to DA.CIU@acgov.org or mailed to
Alameda County District Attorney’s Office
Conviction Integrity Unit
7677 Oakport St., Ste. 650
Oakland, CA 94621
Once the CIU receives your letter or submission form, we will mail you an Acknowledgement Letter indicating that we received it. If you have not received an Acknowledgment Letter within 60 days after sending your submission, you or a loved one can call our office and speak to a representative who should be able to confirm whether we have received your submission. This representative will not be able to provide information other than verification that the application was received.
We cannot predict how long it will take to review an individual submission and determine whether it merits a full CIU investigation. We cannot provide status updates on the review. However, you will receive correspondence indicating that the review in your case is complete.