You spent years in prison for a crime you didn’t commit. Your life was taken from you by a broken system. Wrongful conviction is one of the most devastating things that can happen to a person. If you’ve been exonerated, you may be able to sue for compensation—though the path to justice is often as difficult as proving your innocence.
Quick Answer
If you’ve been exonerated after a wrongful conviction, you may be able to sue under Section 1983 for civil rights violations (fabricated evidence, Brady violations, coerced confessions) or claim compensation under your state’s wrongful conviction statute. Many states provide statutory compensation, but amounts and eligibility vary. Qualified immunity and other legal barriers make these cases challenging, though exonerees have won substantial verdicts and settlements.
Paths to Compensation
State Compensation Statutes
Most states have laws providing compensation to the wrongfully convicted:
- Currently, 38 states plus D.C. and federal government have compensation statutes
- Typical range: $50,000-$100,000 per year of wrongful imprisonment
- Some states offer additional funds for each year on death row
- Many include services (healthcare, education, job training)
Common requirements:
- Full exoneration (pardon, overturned conviction, charges dismissed)
- Proof of actual innocence
- No guilty plea or contribution to conviction
- Application within a time limit
Section 1983 Lawsuits
You can sue government officials who violated your constitutional rights. Common claims:
| Violation | What It Means |
|---|---|
| Brady violation | Prosecutors withheld exculpatory evidence |
| Fabricated evidence | Police or prosecutors manufactured false evidence |
| Coerced confession | Confession obtained through improper pressure |
| Malicious prosecution | Charges pursued without probable cause and with malice |
| Witness tampering | Coercing witnesses to give false testimony |
State Tort Claims
Depending on your state:
- Malicious prosecution
- False imprisonment
- Intentional infliction of emotional distress
Requirements for a Civil Lawsuit
Your Conviction Must Be Overturned
Under Heck v. Humphrey, you cannot sue for wrongful conviction while the conviction stands. You must first:
- Have your conviction reversed on appeal, OR
- Receive a pardon based on innocence, OR
- Have charges dismissed after new evidence
Prove a Constitutional Violation
Being innocent isn’t enough—you must prove government officials violated your rights. Simply being wrongfully convicted by mistake (no misconduct) may not support a civil rights lawsuit.
Overcome Qualified Immunity
Prosecutors have absolute immunity for decisions within their prosecutorial function. Police have qualified immunity unless they violated clearly established law. These doctrines can bar recovery even when serious misconduct occurred.
Prove Causation
You must show the misconduct caused your conviction—not that you would have been convicted anyway based on other evidence.
Challenges You’ll Face
Prosecutorial Immunity
Prosecutors are absolutely immune from lawsuits for their prosecutorial decisions, including:
- Deciding to bring charges
- Trial conduct
- Arguments made in court
They can be sued for investigative or administrative functions (like directing police investigations), but this line is often unclear.
Police Qualified Immunity
Officers are protected unless they violated “clearly established” law. Courts sometimes grant immunity for misconduct that wasn’t addressed in prior cases.
Statute of Limitations
The clock starts when your conviction is overturned. Deadlines vary (often 2-3 years). Don’t delay in consulting an attorney.
Proving Old Claims
Decades may have passed. Evidence may be lost, witnesses may have died, and memories may have faded.
What You Can Recover
From State Compensation Statutes
Varies by state:
- Per-year payments ($25,000-$100,000+)
- Additional for death row time
- Services (healthcare, housing, education)
- Expungement of records
- Some states have caps; others don’t
From Civil Lawsuits
- Compensatory damages: Lost wages, pain and suffering, emotional distress, lost life experiences
- Punitive damages: Against individuals for egregious conduct
- Attorney fees: Under Section 1983
Some exonerees have won verdicts and settlements in the millions.
Steps to Take
1. Secure Your Exoneration
Work with an innocence project or criminal defense attorney to overturn your conviction. This is prerequisite to compensation.
2. Obtain Your Case Files
Get copies of:
- Police reports and investigation files
- Prosecution files
- Trial transcripts
- Any evidence of misconduct discovered during exoneration
3. Apply for State Compensation
If your state has a compensation statute:
- Apply promptly (deadlines apply)
- Gather required documentation
- Prove eligibility requirements
4. Consult a Civil Rights Attorney
An experienced wrongful conviction attorney can:
- Evaluate potential civil rights claims
- Identify liable parties
- Navigate immunity issues
- Pursue maximum compensation
Organizations That Help
- Innocence Project: Works to exonerate wrongfully convicted and reform the system
- State innocence projects: Many states have local innocence organizations
- Civil rights law firms: Some specialize in wrongful conviction cases
- After-exoneration services: Help with reentry, housing, employment
Frequently Asked Questions
Can I sue if I took a plea deal?
It depends. Many compensation statutes exclude those who pleaded guilty. Civil lawsuits may be possible if you can show the plea was coerced or based on false evidence. This is a complex legal question.
What if I was guilty of a lesser crime but not the one I was convicted of?
You may still have claims for the wrongful conviction of the more serious crime. Compensation may be reduced by any time you would have legitimately served.
How long do wrongful conviction cases take?
Civil cases typically take 2-5 years. State compensation claims may be faster (months to a couple of years). Appeals can extend timelines significantly.
What if the real perpetrator was never caught?
You don’t need to identify the real perpetrator to prove your innocence or pursue compensation. DNA exclusion, new evidence, and other proof can establish innocence without solving the crime.
Is there a time limit to file?
Yes. Statutes of limitations typically start when your conviction is overturned. These range from 1-6 years depending on the claim and jurisdiction. Act quickly.
When to Contact a Lawyer
Consult a wrongful conviction attorney if:
- Your conviction has been or is being overturned
- You have evidence of prosecutorial or police misconduct
- You want to apply for state compensation
- You want to explore civil rights claims
- You need help rebuilding your life after exoneration
Many wrongful conviction attorneys and innocence projects take cases without upfront fees.
Last updated: January 2025
This article provides general information about wrongful conviction compensation in the United States. Laws vary significantly by state. Consult with a qualified attorney for advice specific to your situation.
