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Clemenza Concierge

Mistreated by police or government

You got your name back. The years are another matter.

The conviction has finally been thrown out. The people who fought for you are exhausted and relieved, and you're trying to rebuild a life that stopped while you were inside. Somewhere in all of it is a question that feels almost indecent to ask: does anyone have to answer for this?

Often, someone does. People who were wrongly convicted may have more than one route to compensation, and each has its own rules. This page explains them in plain words.

Tell us what happened

First: is the conviction still standing?

Civil claims for a wrongful conviction usually depend on the conviction having been overturned, vacated or pardoned first. If you or someone you love is still convicted, the first job is the criminal case itself, usually with a criminal defense lawyer or an innocence organization. Keep a note of this page for later, and do send us an inquiry if you want someone to look at the timing.

State compensation laws

Many states have laws that pay people who were wrongly convicted and imprisoned. They are often a separate claim, sometimes brought in a special court for claims against the state, and they usually require showing that you didn't commit the crime, not only that the conviction was overturned. Each state's law has its own eligibility rules, limits and filing deadlines, and some states have no such law at all. The federal government has its own law for federal convictions.

Civil rights claims for what caused it

Where the conviction came from misconduct, such as evidence hidden from the defense, a coerced confession, fabricated evidence or an unfairly suggestive lineup, there may also be a civil rights claim against the people and the local government responsible. These are among the most demanding cases to bring: prosecutors are largely shielded from lawsuits over their courtroom work, and officers can raise qualified immunity (a court-made rule that can protect them unless the law they broke was already clearly established). But when the proof is there, these claims can be brought.

Many deadlines run from the exoneration

Many of these time limits are counted from the date the conviction was overturned or the charges were finally dismissed, and some are short. If your conviction was recently vacated, don't let the relief of that moment use up the time you have.

What helps to have ready

  • The court order or decision overturning the conviction, dismissing the charges, or granting a pardon.
  • The names of your criminal defense lawyers, appeal lawyers or innocence organization.
  • The original case number, court and county.
  • The dates you were arrested, convicted, imprisoned and released.
  • Anything identifying what went wrong: withheld evidence, recanted testimony, new DNA results.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

Can I bring both a state compensation claim and a civil rights lawsuit?

Often both are possible, but some state compensation laws reduce or bar a payment if you also recover in a lawsuit, or require you to give up other claims. The order in which you bring them can matter. That is something the lawyer handling your matter should plan from the start.

I pleaded guilty. Does that rule me out?

Not necessarily. People plead guilty to things they didn't do for many reasons, and some state laws account for that while others make it harder. Tell us about the plea in your inquiry.

My family member was exonerated after they died. Can the family bring a claim?

In some situations the estate of the person who died can bring certain claims. It depends heavily on the state and the kind of claim. It's worth asking.

More about mistreated by police or government

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.