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People who say they were wrongfully convicted of felonies in Fairfax County can now seek an independent case review through a new partnership between the Commonwealth’s Attorney’s Office and the Mid-Atlantic Innocence Project.
Commonwealth’s Attorney Steve Descano announced the county’s first Conviction Integrity Unit, which will work with the nonprofit to investigate credible claims of factual innocence and potentially pursue more just outcomes.
“Wrongful convictions undermine public trust in the justice system and have devastating impacts on defendants, their families, and our community,” Descano said. He called the unit an important step toward making Fairfax County’s criminal legal system fairer.
Applicants must have a felony conviction from Fairfax County and sign an affidavit declaring that they are factually innocent. Priority will go to people who remain incarcerated.
The Mid-Atlantic Innocence Project will conduct the initial screening and decide whether a claim merits a deeper investigation. For accepted cases, the organization will coordinate with the Commonwealth’s Attorney’s Office to obtain documents, testimony and other evidence and to litigate substantial innocence claims.
Because its resources are limited, the nonprofit focuses on cases with significant new evidence that stands a strong chance of proving innocence, such as DNA results or information implicating another person.
Executive Director Shawn Ambrust said officials’ willingness to identify and learn from past injustice can strengthen public confidence in the legal system and ultimately improve public safety.
Fairfax is the first Virginia locality to establish this type of partnership with the organization. The nonprofit also works with Baltimore City and has a somewhat different agreement with Norfolk.
Founded in 2000, the Mid-Atlantic Innocence Project serves people convicted of state or federal crimes in Virginia, Maryland and Washington, D.C. It says it has helped secure the release or exoneration of more than 40 men who collectively spent 889 years in prison. The organization also says it helped pass 20 regional laws intended to prevent wrongful convictions, make them easier to correct and support exonerees after release.
Virginia expanded defendants’ ability to challenge convictions through legislation passed by the General Assembly and signed by then-Gov. Ralph Northam in 2020. Arlington County later created a review unit covering Arlington and Falls Church.
Then-Attorney General Mark Herring established a statewide Conviction Integrity Unit in 2021, but successor Jason Miyares dismissed its entire staff after taking office in 2022.
Before launching the new partnership, Descano’s office had helped overturn a conviction involving exculpatory evidence that authorities had withheld. It also helped free a Washington, D.C., firefighter whose case arose from an illegal traffic stop and other disputed issues.
Applications for review and additional information are available through Fairfax County’s website.