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

CalVCB may provide payment to people who were:

• convicted of a felony that they did not commit, and
• sentenced to prison for that conviction.

To obtain payment, the person starts the process by submitting a claim to CalVCB under Penal Code section 4900. This is also called an erroneous conviction claim. If the claim is approved, the person can receive up to $140 per day for the time they spent serving a prison sentence solely for that felony.

Eligibility

For the claim to be considered, the person must:

• Have been convicted of a felony under California law and served a prison sentence for it.
• No longer be in prison or jail or on parole for that crime.
• Submit a complete Erroneous Conviction Claim Form, with documentation, by the deadline.
• Submit a signed statement of facts showing that they did not commit the underlying offense(s). An untrue statement is considered perjury.

If a claim does not have enough information, it may be rejected.

Timing

The deadline to submit a claim is 10 years within:

• An acquittal after remand,
• Dismissal of the charges after remand,
• A pardon being granted, or
• Being released from custody.

The application cannot be filed until 60 days after:

• A conviction is reversed,
• A habeas petition is granted, or
• A case that is pending retrial has an initial filing or dismissal of the complaint or information.

How to Apply

To submit a claim:

• Complete the entire Erroneously Convicted Person Claim Form, include all supporting documentation and
  
  
• Send the form to CalVCB either by regular mail or by email.
  
  Mailing Address:
  P.O. Box 350
  Sacramento, CA
  95812-0350
  Email:
  HearingOfficer@victims.ca.gov

Someone from CalVCB will contact you after reviewing your application.

CalVCB’s Role

CalVCB will remain neutral throughout the process. CalVCB does not investigate claims or give legal advice. The person applying must provide CalVCB with all information needed to approve the claim.

Procedure for Approving a Claim

A hearing officer from CalVCB begins reviewing an Erroneously Convicted Person Claim Form after it is submitted. The hearing officer is checking whether the claim is complete and eligible for consideration. The review usually takes one to two months.

The hearing officer will let the person who applied know if they need to send more information. The hearing officer may reject the claim if the person who applied does not provide the requested information.  

If the claim is complete and eligible for consideration, the hearing officer tells both the person who applied and the Attorney General about the next steps in the process. Typically, the Attorney General will submit a written response, and then an in-person hearing is scheduled with the hearing officer. This can take a year or more. Next, the hearing officer will recommend approving or denying the claim after reviewing all evidence and arguments from both parties.  The recommendation will be in writing, and a copy will be sent to the parties.

Afterward, CalVCB’s three-member Board considers the hearing officer’s recommendation and makes a final decision to approve or deny the claim during its public meeting. The person who applied can come to the public meeting and address the Board. The Attorney General can also come and address the Board.

Burden of Proof

For the Board to approve an eligible claim, the person applying must generally prove two things:

1. They did not commit the crime they were convicted of, and
   
   
2. They were injured.

The person is “injured” if they would have been free from custody but for the erroneous conviction.

However, the person applying only needs to prove the second thing (i.e. injury) in three limited situations, as explained below:

1. Innocence Finding: A court found the person factually innocent of the erroneous conviction according to Penal Code section 851.965 or 1485.55. The decision must be based on a preponderance of evidence showing the person applying did not commit the crime.
   If this exception applies, then CalVCB must approve the claim for demonstrated injury without a hearing within 90 days after the claim is filed. CalVCB may ask for more information to calculate how much to pay the person who applied.
   
   
2. PC 4900(b): A court reversed the conviction by granting habeas relief or relief under 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 within 90 days, unless the Attorney General objects and presents clear and convincing evidence proving guilt. CalVCB can still ask for more information to calculate how much to pay the person who applied.
   • This exception only applies to reversals under the specified circumstances. It does not apply, for example, to reversals on direct appeal or dismissals pursuant to Penal Code section 1172.6.
   • If the Attorney General does object, then a hearing will be scheduled before a hearing officer. At the hearing, the Attorney General has the burden to prove guilt by clear and convincing evidence. The hearing officer will make a recommendation to the Board on whether the Attorney General satisfied that burden.
     
     
3. PC 1485.55(d): After January 1, 2024, a court granted the person’s motion to approve a claim as an erroneously convicted offender according to Penal Code section 1485.55, subdivision (d).
   If this exception applies, then CalVCB must approve the claim for demonstrated injury within 90 days. CalVCB can still ask for more information to calculate how much to pay the person who applied.

Otherwise, if the person who submitted the claim fails to satisfy their burden, then the Board must deny the claim.

Call 888-883-3593 for more information.