Kentucky Post-Conviction DNA Testing Requests (KRS 422.285)

Post-Conviction DNA Testing in Kentucky Under KRS 422.285

DNA evidence has revolutionized criminal justice, and for some Kentucky prisoners, it holds the key to freedom. KRS 422.285 provides a mechanism for convicted individuals to request post-conviction DNA testing of biological evidence that may establish their innocence. For families holding onto hope that science can prove what the justice system got wrong, this statute offers a concrete path forward. At Clark + Harris, our attorneys serving Lexington, Louisville, and all of Kentucky are experienced in pursuing post-conviction DNA testing on behalf of our clients.

What KRS 422.285 Provides

Kentucky’s post-conviction DNA testing statute allows a person convicted of a crime to petition the court for DNA testing of evidence that was not subjected to DNA analysis at the time of trial, was subjected to DNA analysis but can now be analyzed with more advanced techniques that were not available at the time, or was subjected to DNA analysis but the results were inconclusive and new techniques may yield more definitive results.

The purpose of the statute is to ensure that scientifically reliable evidence of innocence is not overlooked simply because DNA technology was not available or was not utilized at the time of the original trial.

Requirements for Obtaining Testing

To obtain post-conviction DNA testing under KRS 422.285, the petitioner must demonstrate several things. First, the evidence to be tested must still exist and be in a condition that permits DNA analysis. Evidence that has been destroyed, degraded, or lost cannot be tested. Second, the requested testing must have the potential to produce results that are materially relevant to the petitioner’s claim of innocence. The testing must be capable of producing evidence that, if favorable, could establish the petitioner’s innocence or create a reasonable probability of a different outcome at trial.

Third, the petitioner must identify the specific evidence to be tested and the type of DNA testing requested. Vague requests for testing of unspecified evidence are insufficient. Fourth, the petitioner must demonstrate that the evidence was not previously tested or that more advanced testing techniques are now available that could yield different results.

What Happens If DNA Testing Supports Innocence?

If DNA testing produces results that are favorable to the petitioner — for example, if the testing excludes the petitioner as the source of biological evidence found at the crime scene — this evidence can be used to support a motion for a new trial or other post-conviction relief. The favorable DNA results, combined with the other evidence in the case, may be sufficient to demonstrate actual innocence or to undermine confidence in the original verdict.

Courts in Lexington, Louisville, and across Kentucky evaluate the DNA evidence in the context of the entire case. Favorable DNA results are powerful evidence, but the court considers them alongside all other evidence presented at trial and in post-conviction proceedings.

Preservation of Biological Evidence

A critical issue in post-conviction DNA cases is the preservation of biological evidence. Kentucky law requires the preservation of certain types of evidence, but in practice, evidence is sometimes destroyed, lost, or degraded over time. If the biological evidence no longer exists, DNA testing obviously cannot be conducted, and this avenue for relief is foreclosed.

Families should inquire about the status of biological evidence in their loved one’s case as soon as possible. The longer the wait, the greater the risk that evidence will be lost or destroyed.

The Broader Impact of DNA Testing

Post-conviction DNA testing has led to exonerations across the country, including in Kentucky. These cases have not only freed innocent individuals but have also led to reforms in the criminal justice system, including improvements in forensic practices, police procedures, and eyewitness identification protocols.

Clark + Harris: Science in Service of Justice

At Clark + Harris, we embrace the power of DNA evidence to correct wrongful convictions. Our attorneys serving Lexington, Louisville, and all of Kentucky work with forensic experts to evaluate the potential of DNA testing in each case and to pursue testing aggressively when the circumstances warrant it.

If your loved one is behind bars in Kentucky, time is critical. Call Clark + Harris today at 859-474-0001 for a free consultation. DNA evidence may hold the key to your loved one’s freedom — let us help you unlock it.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

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