New or reexamined evidence sometimes raises credible doubts even years after a verdict. Courts permit DNA retesting when more accurate methods were unavailable at trial or when testing produced inconclusive results. In Washington, D.C., this process can address outstanding questions about your guilt or evidence handling.
How does post-conviction DNA testing work?
DNA retesting allows medical professionals to reanalyze biological evidence from your closed case using newer methods. A court order is necessary to preserve evidence and without it, samples may degrade or labs may schedule them for routine disposal.
Key factors courts consider for DNA retesting requests
Not all cases qualify for retesting. Washington strictly requires a mandatory affidavit that addresses the factors below:
- Perjury risk: After conviction, you must submit a sworn statement, under penalty of perjury, asserting that you are actually innocent of the crime.
- Probative value: The judge must determine that there is a reasonable probability that the updated DNA results would help prove your innocence. If the court finds that the testing would not have changed the outcome of the trial even with favorable results, it may deny the request.
If you plan to apply for retesting, a post-conviction lawyer can review your case and help prepare the mandatory affidavit.
Preserving evidence and waiver issues
One of the biggest challenges in post-conviction DNA retesting requests is whether the evidence still exists. Once you file a motion for testing, the prosecutor must preserve any remaining biological material. But if you knowingly and voluntarily waived DNA testing before trial, you usually cannot request it later unless you can prove the waiver was invalid.
Why you may need a lawyer
Post-conviction DNA testing involves complex science, fragile evidence and strict court rules that can overwhelm families seeking answers. A skilled lawyer can help review your records, advise whether retesting is worth pursuing and help you file a motion. Testing cannot guarantee a new outcome, but it can provide answers and closure for you and your family.