Texas holds a distinction that should make everyone uncomfortable: it leads the United States in total exonerations. More than 400 people have been exonerated in Texas since 1989 - more than any other state. That's not something to be proud of. It's a symptom of a system with deep, documented problems.
It also means Texas has more infrastructure for fighting wrongful convictions than almost anywhere else in the country. The Texas Court of Criminal Appeals, the Texas Forensic Science Commission, the Tim Cole Advisory Panel on Wrongful Convictions - these exist because Texas has been forced to reckon with its record. And for families fighting a wrongful conviction in Texas right now, that infrastructure matters.
How Post Conviction Relief Works in Texas
Texas has a two-track system for challenging a conviction after the fact.
The first track is the direct appeal, which must be filed within 30 days of sentencing. This goes to the Texas Court of Appeals and challenges errors at trial - not new evidence, not newly discovered facts, just the trial record as it exists. If the direct appeal window has passed, that door is closed.
The second track is a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure. This is the primary post-conviction tool in Texas and it has no strict deadline, which makes Texas unusual among states. The 11.07 writ can raise claims of newly discovered evidence, false testimony, Brady violations, and actual innocence.
The process works like this: the writ is filed in the trial court where the conviction occurred. That court makes findings of fact and recommendations. The Texas Court of Criminal Appeals — the highest criminal court in Texas — then makes the final decision. The CCA can grant relief, deny it, or send it back for further proceedings.
The Texas Actual Innocence Statute
Texas was one of the first states to explicitly recognize a freestanding claim of actual innocence as grounds for post-conviction relief. This means you don't have to prove a constitutional violation at trial - you can argue that the person is factually innocent based on new evidence that wasn't available at the time of conviction.
The standard is high. The new evidence must be credible, material, and not merely cumulative of evidence already presented. It has to be the kind of evidence that would probably produce a different verdict. But for cases where new forensic evidence, recanted testimony, or previously suppressed information exists, this is a powerful avenue.
DNA Testing in Texas
Texas has one of the most accessible DNA testing statutes in the country under Chapter 64 of the Texas Code of Criminal Procedure. A convicted person can file a motion for DNA testing even if they pleaded guilty. The evidence just needs to still exist and be capable of producing results that would be material to the case.
The Innocence Project of Texas and the Texas Innocence Network have used Chapter 64 extensively. Many of Texas's most prominent exonerations - including those involving decades of wrongful imprisonment — have come through DNA testing under this statute.
The Texas Forensic Science Commission
This is unique to Texas. The Forensic Science Commission investigates complaints about the use of forensic evidence in criminal cases. If forensic evidence was mishandled, misrepresented, or based on discredited science — bite mark analysis, hair comparison, blood spatter interpretation - the FSC can investigate and issue findings that support post-conviction relief.
If the conviction rests heavily on forensic evidence that has since been questioned, filing a complaint with the FSC is worth doing in parallel with other legal efforts.
Conviction Integrity Units in Texas
Several Texas counties have established Conviction Integrity Units, with Dallas County's being the most well-known and productive in the country. The Dallas CIU has been responsible for more exonerations than almost any equivalent unit nationally.
Harris County (Houston), Tarrant County (Fort Worth), and Travis County (Austin) also have CIUs. If the conviction occurred in one of these counties, contacting the CIU directly is one of the most productive steps a family can take - especially if new evidence has emerged since trial.
Where to Find Free Help in Texas
Texas has more innocence organizations per capita than most states. The Innocence Project of Texas, the Texas Innocence Network, and several law school clinics across the state take cases at no cost to families.
Use our Texas resources page to find organizations actively working on wrongful conviction cases in the state. If you're not sure where to start, reach out through our contact page and we'll help point you in the right direction.
Texas's record is grim. But its exoneration record is also proof that the system can be corrected — when people refuse to stop pushing.