Conviction Integrity Unit

The Conviction Integrity Unit (CIU) is a unit in the Cook County State’s Attorney’s Office whose mission is to identify and remedy wrongful felony convictions in Cook County. The CIU functions independently from all other units in the CCSAO that prosecute criminal offenses and reports directly the First Assistant State’s Attorney to ensure impartiality in decision making. Recommendations are made to the Cook County State’s Attorney, who makes the final decision on whether to vacate a claimant’s conviction.  

A claimant brings claims to the CIU via an application, which includes a consent form that must be signed by the claimant before the CIU can proceed. The claimant and/or the claimant’s attorney must execute a written assisted investigation agreement that sets forth the CCSAO’s investigative responsibilities, facilitates information sharing between the parties, and protects the confidentiality of sensitive information. Applications from incarcerated claimants are given priority over non-incarcerated claimants and claimants who are represented by attorneys will not receive preferential treatment over those claimants that proceed pro se.  

The CIU will only consider claims related to a conviction for a felony, and the claimant must make a claim of actual innocence. The application must assert that newly discovered evidence has become available since trial or plea, and that the evidence is of such a conclusive nature that the claimant is likely innocent. The application must assert that the newly discovered evidence was not presented at trial or during any other post-trial proceeding, such as a direct appeal, post-conviction claim, or habeas corpus proceeding, and/or was not tested at trial. The CIU will not consider any application and will not conduct any investigation if habeas corpus petitions, appeals, or litigation of any kind is pending in the case prompting the application for CIU review.  

A CIU ASA will screen the application to determine whether an investigation should be conducted. Investigations may include forensic testing, including DNA testing when appropriate. When the initiation of post-conviction DNA testing is recommended, the claimant and/or attorney will be notified of next steps. 1 The CIU operates on the expectation that the claimant has produced (or will voluntarily make available) all the evidence, documents, and information relevant to the claim of actual innocence that are in the possession or under the control of the claimant and has otherwise acted in good faith. The CIU reaches decisions based on all the relevant information, and claimants who withhold information, release information in stages, or release information through the press risk termination of the agreed investigation agreement and jeopardize the CIU’s ability to share information about the investigation. The CIU makes recommendations to the Cook County State’s Attorney about the appropriate remedy that should result from its findings. The State’s Attorney makes all final decisions about whether a remedy should be provided to a person seeking review by the CIU. 

Application to Request Review of a Criminal Conviction

Overview of Procedures and Frequently Asked Questions 

This overview outlines the approach the CIU usually takes in cases brought to its attention. 

Who can petition the CIU for review?

Any living person, or the authorized representative of a living person, convicted of any felony charge[s] in Cook County is eligible to seek review by the CIU. A claim may be filed by the claimant who was convicted of an offense, by a family member or friend of the claimant, or by a lawyer acting on behalf of the claimant. So long as the claimant authorizes the filing, the CIU will accept claims from any source. A claim will receive the same attention by the CIU regardless of whether it is submitted by a lawyer.  

Attorneys engaging with the CIU must agree to a written assisted investigation agreement, including a prohibition from discussing the case with the media during the pendency of the investigation. Failure to abide by the agreement may result in termination of the assisted investigation agreement.

What kinds of cases are eligible for review by the CIU?

The CRU investigates claims that meet two essential criteria.  First, the claimant must assert actual innocence, which means that there must be conclusive evidence available showing that the defendant was wrongfully convicted. Second, the claim of actual innocence must be based on evidence that was not considered by the trier of fact during the proceedings that led to conviction. Both of these elements usually must be present before the CRU opens its investigation into a case. 

Are there cases that the CIU will decline to investigate? 

The CIU will not consider claims of legal innocence. In other words, the CIU will not consider claims where claimant agrees he/she committed the crime but is legally innocent due to flaws in the case, legal technicalities or legal defenses. Also, the CIU will not consider claims that a decision to prosecute was the product of over-charging or that a sentence was unfairly harsh.  

In some cases, however, the CIU will recommend vacatur of a conviction when it determines that the claimant is not factually innocent of the crime, but the integrity of the conviction is compromised, and the conviction cannot stand.

Who are the ASAs and investigators that investigate the claims?

The ASAs and investigators assigned to the CIU are highly experienced in the criminal justice system in Cook County and will not be involved in the investigation or prosecution of any pending criminal cases. The CIU ASAs and investigators are committed to maintaining impartiality in their investigations.  

No ASA or investigator who was involved in the prosecution of the case under investigation by the CIU will play any role in the investigation of claims related to that prosecution, except to the extent that they are asked to provide information about the historical events of a case. 

What types of claims will the CIU investigate? 

The CIU will investigate claims after concluding that there is specific and non-speculative evidence that can be investigated that may support a claim of actual innocence and wrongful conviction including: new evidence, previously undisclosed evidence, and/or unexamined evidence or facts that could call into question the guilt of the claimant or the fundamental fairness of the proceedings.  

When considering claims, the CIU does not reweigh trial evidence or review factual questions that have already been decided by a judge or jury. Also, the CIU does not substitute rulings by the appellate court with its own conclusions. It is also not the function of the CIU to make determinations regarding counsel’s performance or reconsider defenses presented at trial.  

Does the CIU investigate claims of police misconduct, abuse or torture?  

The CIU will consider a claim of police misconduct if the claimant can show that the evidence of misconduct is new and of such a conclusive nature that it indicates his innocence. The CIU, however, does not make findings of a “pattern and practice” of misconduct.  

If a CIU investigation reveals police, prosecutorial or judicial misconduct, or any new exculpatory evidence, this information will be tendered to claimant and/or his attorney pursuant to the Rules of Professional Conduct.  

Will the CIU investigate claims when the claimant has a pending court matter?  

The CIU will not act on a request for investigation if there is a pending appeal or other post-conviction proceeding, federal habeas corpus or federal proceeding. This limitation is only regarding the case for which the claimant is seeking review by the CIU.  

How is the CIU different from an appeal or a post-conviction proceeding?  

The CIU is extrajudicial, non-statutory and exists solely at the discretion of the State’s Attorney. CIU review is not an adversarial proceeding, and it is not a process to reconsider issues already raised on 2 Illinois courts have considered pattern and practice when framed as a constitutional issue and when the circuit court was able to make credibility determinations after a hearing. See, e.g., People v. Patterson, 192 Ill. 2d 93, 145 (2000); People v. Tyler, 2015 IL App (1st) 123470, ¶193. appeal or in a post-conviction petition. The CIU is specifically designated within the Cook County State’s Attorney’s Office to review claims of actual innocence and wrongful conviction.  

How long will the investigation take?

The CIU evaluates every claim of actual innocence brought to its attention and some claims are very complicated. A CIU investigation is very thorough. Patience is greatly appreciated.   

What relief can be granted by the CRU?

Where the investigation shows a substantial probability that a claimant is actually innocent of the charge of conviction, the CIU will recommend that the State’s Attorney’s Office take steps to vacate that conviction and sentence. Depending on the particular circumstances of a given case, however, other remedies may be recommended. The fact that a conviction and sentence is vacated does not necessarily mean that a Certificate of Innocence will be granted. Further, the CIU will not cooperate with any effort on the part of a complainant to obtain civil remedies if a conviction is vacated. The CIU evaluates, investigates and makes recommendations, but the final decision whether to grant relief rests with the Cook County State’s Attorney. Further, the nature or form of any relief likewise is a matter solely within the Cook County State’s Attorney’s discretion. In the case of vacatur based on actual innocence, the CIU will notify the victim and/or victims’ family of the decision and will refer the case to the proper agencies to determine the identity of the correct perpetrator.  

If I disagree with the conclusions of the CRU investigation, what rights do I have for further review?

There is no right to appeal the decision of the CIU. However, a claimant is not precluded from resubmitting an application to the CIU if new and credible information to support a claim of actual innocence or wrongful conviction is later discovered.  

How is a claim filed?

Claims should be filed with a CIU application, and the application can be submitted via mail or email. The application can be found on the website of the Cook County State’s Attorney’s Office: https://www.cookcountystatesattorney.org. Completed applications should be sent to:

Conviction Integrity Unit
50 West Washington St.
Suite 2710
Chicago IL, 60602
sao.ciu@cookcountysao.org

Please be aware that CIU retains documents or items sent to us. We do NOT return items that are sent to us, so please send us copies if you need to retain an original.