Need help with appealing denial of certificate of innocence in Illinois

Question

I was denied my petition for a certificate of innocence even though my case was vacated and dismissed on my post-conviction motion. I need to appeal the denial to seek compensation for wrongful incarceration through the court of claims. The judge granted me a 14-day extension to file an amended notice of appeal. The denial was due to my failure to indicate if I was likely to prove my innocence and if my case was dismissed. I need to include in my appeal that I now have all the necessary documentation and the appropriate claims checked. I'm handling this process on my own because I cannot afford an attorney and feel overwhelmed with how to proceed. Additionally, I haven't been able to find an amended appeal form, and all notice of appeal forms seem to be directed to the appellate court, which does not handle arguments for a certificate of innocence. What steps should I take in preparing my amended notice of appeal and ensuring it reaches the correct court?

James L. Arrasmith · Answer

I understand your frustration with the denial of your certificate of innocence. For your amended notice of appeal, you'll need to clearly address the specific reasons for denial by providing documentation that proves your innocence and confirming that your case was dismissed. Many people handle these appeals without legal representation, so don't feel discouraged. 
 
You're right that regular appellate forms might not be appropriate for your situation. Instead, consider drafting a simple document titled "Amended Notice of Appeal for Certificate of Innocence" that references your original case number and the denial order. Contact the court clerk where your original petition was filed to confirm the exact filing requirements and where to submit your appeal. The clerk may have templates or examples to help guide your format. 
 
While preparing your amendment, focus on gathering all documentation showing your case dismissal and evidence supporting your innocence claim. Include a cover letter explaining that you're responding to the judge's specific concerns from the denial order. Look into Illinois Legal Aid Online or law school clinics in your area that might offer free guidance on formatting your appeal properly. Remember to file within your 14-day extension period and keep copies of everything you submit.

Q: Need help with appealing denial of certificate of innocence in Illinois