Claims for Erroneously Convicted Persons (PC4900)

California Penal Code sections 4900 through 4906 require that the Victim Compensation Board (CalVCB) process claims of persons who claim to be erroneously convicted of felonies. The Erroneously Convicted Person statutes originated in 1913. Prior to 2000, compensation was capped at $10,000. In 2000, the law was amended to allow compensation of $100 for each day served in prison after the conviction with no maximum amount. In 2016, the law was amended to change the compensation rate to $140 per day for each day of incarceration served, including pre-conviction time spent in custody.

Unlike the burden of proof for criminal cases, where the prosecutor must prove that a defendant is guilty beyond a reasonable doubt, a claimant who applies for compensation must prove, by a preponderance of the evidence, that he or she did not commit the crime that resulted in his or her incarceration and that he or she did not contribute to the arrest or conviction. A preponderance of evidence means that, based on the evidence the claimant presents, it is more likely than not that the claimant is innocent.

To file an Erroneous Conviction Claim, a claimant must fill out the Erroneously Convicted Person Claim Form and submit it to the CalVCB within two (2) years after judgment of acquittal or discharge given, after a pardon granted or after release from imprisonment.

Proposed Decisions

Warning: The following claims may contain graphic information about crimes such as sexual assault, battery, murder, and vehicular manslaughter. Some readers may find the content disturbing.