FREQUENTLY ASKED QUESTIONS

What cases do we take?
All of the following criteria must be met before an innocence claim may be investigated:

1.  Conviction must have been in a North Carolina state court. N.C. G.S. 15A-1460(1).
2.  Conviction must be for a felony. N.C. G.S. 15A-1460(1).
3.  Applicant must be a living person. N.C. G.S. 15A-1460(1).
4.  Applicant must be claiming complete factual innocence for any criminal responsibility for the crime. N.C. G.S. 15A-1460(1).
5.  Credible evidence of innocence must exist. N.C. G.S. 15A-1460(1).
6.  Verifiable evidence of innocence must exist. N.C. G.S. 15A-1460(1).
7.  Claim must not have been previously heard at trial or in a post-conviction hearing. N.C. G.S. 15A-1460(1).
8.  Applicant must sign agreement pursuant to § 15A-1467.

Who can initiate a claim?
Anyone may initiate a claim. Most claims are initiated by the convicted person, but many come from a friend or family of the convicted person. Claims may be initiated by a witness, victim, law enforcement officer, defense attorney, or anyone that has new information about evidence of innocence. Once a claim is initiated, we will contact the convicted person and only pursue the case if they choose to cooperate with us.

How do I initiate a claim?
There are no specific forms for initiating a claim. We ask that you send us information in writing about the case and the new evidence of innocence. Please be certain to include information about the conviction and the evidence used in supporting that conviction. Detail the new evidence of innocence and how we would be able to look further into that evidence. Be sure to include contact information for yourself and the person that was convicted. We will then contact the convicted person and any other people that are necessary in order to follow up on the claim.

What if there was an error in my trial?
The North Carolina Innocence Inquiry Commission was created by the legislature to investigate cases where new evidence of complete factual innocence has emerged since conviction. We do not review technical trial errors. Please see our North Carolina links page for other organizations that may be able to help you.

* Created by the North Carolina General Assembly in 2006 pursuant to N.C. G.S. § 15A-1460-75.

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