For years, winning exoneration in Cook County usually meant the hardest part was finally over. These days, for many people cleared of crimes, it is only the start of another grinding legal fight.
Cook County prosecutors have increasingly been pushing back on petitions from people who have already been exonerated, turning what used to be a routine final step into court battles that can drag on for months. Under State’s Attorney Eileen O’Neill Burke, exonerees and their lawyers say what should be a last formality is now stalling efforts to clear records and unlock modest state compensation, piling fresh legal hurdles onto lives already derailed by wrongful convictions.
According to Injustice Watch, which reviewed court records in more than 200 recent exonerations, Burke’s office has formally opposed roughly 82 percent of certificates of innocence in cases where it filed a position. During former State’s Attorney Kim Foxx’s second term, the opposition rate was about 25 percent. The same reporting found that petitions that go uncontested typically wrap up in around six months, while contested ones often stretch toward a year.
What a certificate does
In Illinois, a certificate of innocence is far more than a symbolic stamp of approval. It allows courts to expunge or seal arrest and conviction records and requires the clerk to send the certificate to the Court of Claims so the person can seek state compensation. That setup is laid out in the state code; see the Illinois General Assembly. The National Registry of Exonerations shows Cook County leads the nation in known wrongful convictions, a distinction that helps explain why advocates see these certificates as critical tools for rebuilding a life after prison.
Burke's standard for granting certificates
Burke has signaled that she wants certificates reserved for cases with what she has called “concrete, irrefutable evidence,” with DNA testing often cited as the clearest example. Her office has argued in court filings that a vacated conviction does not automatically mean a person is factually innocent. As reported by Bolts, the state’s attorney’s office has told reporters it “holds itself to the highest ethical standards” as it defends its decisions to contest petitions in court.
Exonerees say the paper matters
For people who lost years, sometimes decades, behind bars, that single sheet of paper carries both practical and emotional weight. “You are not free until you get that paper,” said Tyrece Williams, who was exonerated in 2025. He is still pressing for a formal certificate while prosecutors oppose his petition. Lawyers for exonerees say near-automatic objections and drawn-out hearings tack on months of uncertainty for clients who are already scrambling to find housing, work, and some sense of closure after release.
Courts, cash, and what’s at stake
Illinois’ compensation system is narrow and tightly capped. Reporting and analysts note that payouts through the Court of Claims are limited based on years served, and for people who spent more than 14 years in prison, the statutory maximum has been reported at around $200,000. Lawmakers have floated proposals to increase awards to roughly $50,000 per year, with a cap closer to $2 million. That financial backdrop helps explain why some prosecutors are cautious about greenlighting certificates, even though judges have generally been granting petitions once they reach a hearing. Reporting indicates only three certificates have been denied in the past five years.
Several contested petitions are still working their way through Cook County courts. How judges rule will help determine whether clearing an exonerated person’s record remains a largely routine final step or hardens into one more courtroom ordeal for people already trying to rebuild their lives.
