Conviction Review Unit

ARLINGTON COUNTY CONVICTION REVIEW UNIT

Introduction

The American Bar Association standards, Rule 3.8(h) states that “When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.”

Parisa Dehghani-Tafti, the Commonwealth’s Attorney for Arlington County and the City of Falls Church, has established a Conviction Review Unit (“CRU”) to provide a framework for the Office of the Commonwealth’s Attorney (“OCA”) to review and address post-conviction claims. CRU is charged with reviewing claims of factual innocence, cases that challenge the integrity of the investigation or prosecution of the case, and requests for post-conviction forensic testing, pursuant to Va. Code § 19.2-327.1.

Procedure

CRU’s responsibilities include conducting a thorough review of files, evidence, and testimony to identify sources of intentional or unintentional wrongdoing in the investigation and prosecution of cases, including examining police, attorney, and/or expert conduct, evaluating the limitations of forensic testing and testimony, and retesting forensic evidence.

CRU examines cases referred by innocence organizations, defense attorneys, convicted individuals, and internal reviews. CRU screens each case for facts suggesting a plausible claim of innocence, evidence of a constitutional violation (e.g., Brady violations, ineffective assistance of counsel, etc.), or where review is in the interests of justice.

After CRU receives a claim, it starts its evaluation by reviewing available materials from the criminal proceedings that led to the conviction including court opinions, police reports, trial transcripts, pleadings, etc. After a full evaluation, the Conviction Review Unit makes a recommendation to the Commonwealth’s Attorney regarding the appropriate course of action.

Due to limited resources and funding, wait times for review may be delayed and your case may not be reviewed at all.

To mitigate delays, CRU may refer your case to or coordinate with innocence or defense organizations for further investigation to facilitate access to the case file and physical evidence. CRU may also close cases without taking any remedial action where the applicant does not meet CRU’s eligibility criteria or if CRU is not able to move forward with its investigation.

Eligibility

The applicant must have a felony conviction in Arlington County or the City of Falls Church.

How to apply:

Applicants must complete the Arlington County Conviction Review Unit Screening Questionnaire linked below and email or mail it to the Arlington County CRU.

Arlington-County-Conviction-Review-Unit-Questionaire-2023.pdf(PDF, 265KB)

Email: CWA_CRU@arlingtonva.us

US Mail:

Attn: Conviction Review Unit

Office of the Commonwealth’s Attorney

Arlington County and the City of Falls Church

1425 North Courthouse Road

Arlington, VA 22201