Despite certificate of innocence, wrongful murder convict's record has not been wiped fully clean
CHICAGO (CBS) -- It was the end of a 30-year nightmare for Wayne Washington last summer, when the Illinois Supreme Court finally granted him a certificate of innocence – nearly a decade after he was exonerated of a murder he didn't commit.
Washington has since moved to Southwest Michigan, where he discovered his record still has not been wiped clean. He said he is now struggling to get answers from Clerk of the Circuit Court of Cook County.
Washington's certificate of innocence was stamped Sept. 13, 2023. It was granted two months earlier.
In 2015, prosecutors overturned Washington's conviction of the 1993 murder of 20-year-old Illinois Institute of Technology basketball player Marshall Morgan Jr. - thanks to new evidence. But there was a snag getting this certificate that officially wiped his slate clean.
"You punch me up in the computer of, or you Google-search me, and this is what comes up," Washington said. "This" is the felony conviction for which he has received a certificate of innocence.
His fight made it all the way to the Illinois Supreme Court, which granted his certificate in July.
"For the last six months, I've been feeling as if I finally have my name back," said Washington.
But unfortunately, that feeling was short-lived. Washington recently went to apply for a Michigan Concealed Pistol License – and was swiftly denied.
"When you run a background check, I'm still a convicted murderer," Washington said.
The Cass County, Michigan Clerk's office said Cook County's system still shows Washington's murder conviction - despite several court rulings clearing his name.
Cass County, Michigan said Cook County needs to correct its records before they can process his application.
Washington said he can't get anyone at the Cook County Circuit Court Clerk's office to return his calls.
"It's like having a 300-pound weight tied to your leg, 20 years after the fact," said Steven Greenberg, Washington's attorney.
To Washington, it's much more than paperwork - it's his name.
"Thirty years as a convicted felon - I've been exonerated," said Washington. "I'm thinking I have my name back. I want my name back."
CBS 2 reached out to the Clerk of the Circuit Court of Cook County about this issue. In response, they sent another copy of Washington's certificate of innocence, which does not solve the problem.
CSB 2 is told the Circuit Court Clerk's office is continuing to look into the issue.
UPDATE: Late Friday, the Cook County Circuit Court Clerk's office said they have done everything they are legally required to do and to truly remove the record from existence, and said Washington's attorney will have to file for expungement.
The office wrote in part:
It's imperative to clarify that the Clerk of the Circuit Court of Cook County is responsible for keeping the record, not creating it. In Mr. Washington's case, a Certificate of Innocence was granted by a Circuit Court judge, and then the Clerk of the Circuit Court of Cook County, entered, processed, and forwarded his Certificate of Innocence to the appropriate entity, which is the clerk of the Court of Claims.
It is important to note that being granted a Certificate of Innocence also requires an order entered by the court expunging his record and obliterating Mr. Washington's name from the official record in connection with the arrest and conviction. As of today, Mr. Washington nor his legal counsel have filed a petition or expungement order with court.
Moreover, it is well-known that the Clerk of the Circuit Court of Cook County is highly committed to simplifying the expungement process. To streamline operations, the Clerk's office has established a separate Expungement Department to handle this process. The department collaborates with several agencies, including CGLA, and other community partners to organize "Know Your Rights" forums and Expungement summits. These events help people understand the steps involved in expungement or sealing and the procedures that follow, making the process less confusing.
Expungements are transformative, and as Mr. Washington moves forward with his, the Clerk's office is here to assist with the mandated procedures and expungement process that his attorney could have filed on his behalf.
