Claims for Erroneously Convicted Persons (Pen. Code §§ 4900, et seq.)

CalVCB processes claims from individuals seeking compensation as erroneously convicted persons (“claimants”) pursuant to California Penal Code sections 4900 through 4906. Relief under section 4900 is limited to claimants who are innocent of – meaning they did not commit – the felony offense, or offenses, for which they were convicted and imprisoned. (Pen. Code, § 4900, subd. (a).) Compensation will be awarded only if the claim is approved by the Board and sufficient funds are available. Compensation is limited to a set rate of $140 per day of the claimant’s erroneous imprisonment. (Pen. Code, § 4904.)

Time Limitations

To obtain relief under Penal Code section 4900, the claimant must submit an Erroneously Convicted Person Claim Form within 10 years after a judgment of acquittal, dismissal of the charges, a pardon being granted, or the claimant’s release from custody, whichever is later. However, the claim cannot be filed until 60 days after a conviction is reversed, habeas petition is granted, or, if a case is pending retrial, after the initial filing or dismissal of the complaint or information and (Pen. Code, § 4901, subds. (a) & (c).) 

Eligibility for Compensation

To be eligible for consideration, the claimant must have been convicted of a felony under California law, for which a prison sentence was imposed, and the claimant must no longer be imprisoned or on parole for that offense. In addition, the claimant must timely submit a completed Erroneous Conviction Claim Form, with supporting documentation, and include a statement of facts, signed under penalty of perjury, showing that the claimant did not commit the underlying offense(s). No compensation is available for convictions that were vacated solely due to a change in the law (e.g., pursuant to Penal Code section 1172.6). Compensation is barred for claimants who pled guilty to an offense to protect another from prosecution. (Pen. Code, § 4903, subd. (e).) If a claim lacks sufficient information to establish eligibility for relief, it may be rejected. (Pen. Code, §§ 4900, 4901; Cal. Code Regs., tit. 2, §§ 640, 642.)

CalVCB’s Role

CalVCB serves as a neutral adjudicator, similar to a judge or court, when reviewing Penal Code section 4900 claims. CalVCB does not investigate claims or provide legal advice. It is the claimant’s responsibility to provide CalVCB with all relevant evidence and argument necessary to approve the claim. The Attorney General may appear as an opposing party and provide relevant evidence and argument to oppose the claim. The parties are expected to familiarize themselves with the applicable law and regulations. The claimant may retain, at their own expense, a representative of their choosing.

Procedure for Approving a Claim

The process begins with the claimant’s submission of a completed Erroneously Convicted Person Claim Form to CalVCB. A Hearing Officer reviews the claim form to determine whether it complies with Penal Code sections 4900 and 4901, which often takes between 30 and 60 days. Once this review is complete, the claimant will be notified if any additional information or argument is needed. The claim may be rejected by the Hearing Officer if any identified deficiencies are not timely cured. Otherwise, the claim is filed, and both the claimant and Attorney General will be notified of the next steps, which may include an in-person hearing before the Hearing Officer. Once all evidence and arguments are received, the record closes, and the Hearing Officer will draft a proposed decision to approve or deny the claim. CalVCB’s three-member Board makes the final decision whether to approve or deny the claim in a public meeting, after notice to the parties with an opportunity to appear. (Cal. Code, Regs., tit. 2, §§ 619.4, 619.5.)

Burden of Proof

Generally, the claimant must prove, by a preponderance of the evidence, that 1) they did not commit the crime they were convicted of and 2) they were injured by their erroneous conviction. (Pen. Code, § 4900, subd. (a).) To satisfy the first “innocence” requirement, the claimant must prove they did not commit the crime as defined at the time of the underlying conduct. To satisfy the second “injury” requirement, the claimant must prove they would have been free from custody had they not been erroneously convicted. The claimant is entitled to a hearing to prove both innocence and injury, at which the Attorney General may appear. (Pen. Code, § 4903, subd. (a).)

In three limited exceptions, the claimant need not prove innocence but still must prove injury. Each exception is detailed below:

1. Innocence Finding: A court found the claimant factually innocent of the erroneous conviction pursuant to Penal Code section 851.965 or 1485.55 based upon proof by a preponderance of evidence that the claimant did not commit the crime. If this exception applies, then CalVCB must approve the claim, without a hearing on the issue of innocence, for demonstrated injury within 90 days after the claim is filed. Nevertheless, CalVCB may request additional information from the parties as needed to calculate injury. (Pen. Code, §§ 851.865, 1485.55, subds. (a)-(c) & (g), 4902, subd. (a), 4904.)
   
   
2. PC 4900(b): A court vacated the erroneous conviction by granting a writ of habeas corpus or motion pursuant to Penal Code section 1473.6 or 1473.7, subdivision (a)(2), and the charges were dismissed on remand or resulted in acquittal. If this exception applies, then CalVCB must approve the claim for demonstrated injury, unless the Attorney General timely objects with clear and convincing evidence of the claimant’s guilt. If the Attorney General declines to object, then CalVCB must approve the claim within 90 days thereafter for demonstrated injury. To calculate injury, CalVCB may request additional information from the parties. (Pen. Code, §§ 4900, subd. (b), 4902, subd. (d), 4903, subd. (b), 4904.
   • Please note this exception only applies to reversals under the specified circumstances. If does not apply, for example, to reversals on direct appeal or dismissals pursuant to Penal Code section 1172.6.
     
     
3. PC 1485.55(d): After January 1, 2024, a court granted the claimant’s motion for approval of a claim as an erroneously convicted offender pursuant to Penal Code section 1485.55, subdivision (d). If this exception applies, then CalVCB must, upon application, approve the claim for demonstrated injury within 90 days. To calculate injury, CalVCB may request additional information from the parties. (Pen. Code, §§ 1485.55, subd. (d); 4904.)

Call 888-883-3593 for more information.