The Oklahoma justice system has convicted innocent people. Some of them served decades in prison before DNA evidence proved what they always knew: they didn’t do it.
Post-conviction DNA testing is available in Oklahoma under the Postconviction DNA Testing Act, and it has already freed people. At Jacqui Ford Law, our criminal defense team has seen firsthand how these cases unfold and what it takes to pursue justice.
What Is Post-Conviction DNA Testing in Oklahoma?
Post-conviction DNA testing allows a person who has already been convicted of a crime to request DNA testing on evidence from their case, even after all appeals have been exhausted.
Oklahoma passed its post-conviction DNA testing statute in May 2013, becoming the last state in the nation to do so. Despite being last, Oklahoma’s law is considered one of the most comprehensive in the nation, as it allows DNA testing in violent felony cases and in cases resulting in a sentence of 25 years or greater if it could provide proof of innocence.
Who qualifies for testing in Oklahoma?
Under 22 O.S. § 1373.2, you can file a motion asking the court that sentenced you to order DNA testing on evidence from your case. To qualify, you must meet one basic requirement: You were convicted of a violent felony or sentenced to 25 years or more in prison, and you are claiming that you did not commit the crime.
From there, Oklahoma’s law is more inclusive than most states. You may be eligible even if:
- You are currently in prison, on parole, on probation, civilly committed, or required to register as a sex offender
- You pleaded guilty, not guilty, or no contest (a guilty plea does not automatically disqualify you)
- You gave a confession or made an admission before or after your conviction
- You have already finished serving your sentence
The evidence you want tested must have been collected during the investigation or prosecution of your case. It must also either have never been DNA tested before or be something that newer testing methods could produce more useful results on.
Even if you meet all of these requirements, the court still has to approve the request. The judge will only order testing if there is a real possibility that the DNA results could have changed the outcome of your trial, and that you are asking in good faith to prove your innocence rather than to slow down the process
What a Wrongful Conviction Looks Like in Oklahoma
Oklahoma has a troubling history with wrongful convictions. In October 2023, Perry Lott was exonerated in Ada, Oklahoma, after 35 years of wrongful conviction and 30 years of incarceration for a 1987 rape and burglary.
Post-conviction DNA testing performed in 2014 from the survivor’s rape kit proved he did not commit the crime, but it took nearly a decade of additional legal battles before his conviction was vacated.
His case illustrates two critical realities about wrongful convictions. First, DNA evidence alone does not always guarantee a swift end to all the procedures. Second, prosecutorial cooperation matters enormously. Lott’s motion sat unresolved for years until a newly elected district attorney agreed to review the case and vacate the conviction.
If you have been wrongfully convicted, Jacqui Ford and Alex Palmer know how to build a compelling case for relief after a conviction.
Post-Conviction Relief Challenges
Even with strong laws in place, getting a wrongful conviction overturned is rarely straightforward. The most common obstacles include:
- Evidence that has been lost, destroyed, or improperly stored over time
- Courts that set a high threshold for what constitutes a “reasonable probability” of a different outcome
- Prosecutors who oppose reopening cases even when new evidence is compelling
- People who pleaded guilty or gave false confessions, who may face additional hurdles even under Oklahoma’s inclusive statute
The Oklahoma Innocence Project, based at Oklahoma City University School of Law, is available to anyone seeking help with a wrongful conviction case.
If You Didn’t Do It, You Shouldn’t Do the Time
DNA testing has exonerated hundreds of people across the United States since 1989, and the laws in Oklahoma have never been stronger for those fighting to prove their innocence. Whether you are pursuing DNA testing or exploring other post-conviction options like the Oklahoma Survivors’ Act, having the right legal team matters.
Jacqui Ford Law handles murder defense and post-conviction cases throughout Oklahoma City and the surrounding area. All consultations are free and confidential. We’re the people to call when the system fails you or a loved one.
Frequently Asked Questions About the Role of Forensic Evidence in Oklahoma Murder Defenses
1. Can you request DNA testing after you have already been convicted in Oklahoma?
Yes. Under the Oklahoma Postconviction DNA Testing Act, people convicted of violent felonies or sentenced to 25 years or more can petition for DNA testing even after all appeals are exhausted. Our criminal defense team can help you assess whether you qualify.
2. Does a guilty plea stop you from requesting post-conviction DNA testing in Oklahoma?
No. A guilty plea does not automatically disqualify you, though it may make it harder to get the court’s approval. An attorney can help you understand your realistic chances. Call Jacqui Ford Law for a free, confidential consultation at 405-604-3200.
3. What happens if DNA testing results come back in your favor?
The court schedules a hearing to determine what relief to grant. That could include vacating your conviction, ordering a new trial, or discharging you from custody entirely. These results alone do not guarantee immediate release, which is why strong legal representation throughout the process matters.
4. How long does post-conviction DNA testing take in Oklahoma?
There is no set timeline. The process involves filing a motion, waiting for the state to respond, a court hearing, and then the testing itself. Real cases in Oklahoma have taken years from the initial motion to final resolution. Contact us to get started as early as possible.
5. Who pays for post-conviction DNA testing in Oklahoma?
If the Oklahoma State Bureau of Investigation conducts the testing, the state pays. If a different accredited lab is used, the court may require you to cover the cost. This is one of several factors worth discussing with an attorney before you file.
6. What is the Oklahoma Innocence Project, and can it help you?
The Oklahoma Innocence Project, based at Oklahoma City University School of Law, works to identify and remedy wrongful convictions across the state. It is one resource available to you, particularly when you don’t have legal representation yet. Jacqui Ford and her team have spent years fighting for people the system has failed and can work alongside innocence organizations when it’s appropriate.
