Wrongful Conviction Compensation by State
Statutory compensation amount per year of wrongful incarceration, total cap on recovery (if any), and threshold eligibility requirements such as proof of innocence or pardon.
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| Per Year Amount | Cap | Eligibility |
|---|---|---|
| $50,000 | No cap | Pardon req |
| No statute | N/A | N/A |
| No statute | N/A | N/A |
| No statute | N/A | N/A |
| $140/day | No cap | Innocence finding |
| $70,000 | No cap | Innocence finding |
| $50,000 | Variable | Pardon req |
| No statute | N/A | N/A |
| $50,000 | $2 million | Clean hands |
| No statute | N/A | N/A |
| $50,000 | No cap | Innocence finding |
| $62,000 | No cap | Innocence finding |
| ~$220,000 | $220K base | Pardon/cert |
| $50,000 | $250,000 | Innocence finding |
| $77,300 | No cap | Acquittal/dismiss |
| $65,000 | No cap | Innocence finding |
| No statute | N/A | N/A |
| $40,000 | $330,000 | Innocence finding |
| No statute | N/A | N/A |
| State avg | No cap | Innocence finding |
| No statute | $1 million | Innocence finding |
| $50,000 | No cap | New evidence |
| $50K-$100K | No cap | Exoneration order |
| $50,000 | $500,000 | Pardon req |
| $100/day | No cap | DNA only |
| Tuition only | Limited | Innocence finding |
| $25,000 | $500,000 | Innocence finding |
| $50K-$100K | No cap | Innocence finding |
| No statute | N/A | N/A |
| $50,000 | No cap | Innocence finding |
| No statute | N/A | N/A |
| State avg | No cap | Innocence finding |
| $50,000 | $750,000 | Pardon req |
| No statute | N/A | N/A |
| $57,800 | No cap | Innocence finding |
| $175,000 | $175,000 | Innocence finding |
| $65,000 | No cap | Innocence finding |
| No statute | N/A | N/A |
| $50K-$100K | No cap | Innocence finding |
| No statute | N/A | N/A |
| No statute | N/A | N/A |
| $50,000 | $1 million | Pardon req |
| $80,000 | No cap | Innocence finding |
| State avg | No cap | Innocence finding |
| $60K-$120K | No cap | Innocence finding |
| State avg | No cap | Legislative |
| $50,000 | No cap | Innocence finding |
| No statute | N/A | N/A |
| $5,000 | $25,000 | Innocence finding |
| No statute | N/A | N/A |
| $200,000 | No cap | Innocence finding |
Federal exonerees may receive up to $50,000 per year of imprisonment (and up to $100,000 per year on death row) under 28 USC §2513. The Innocence Project reports that 14 states still have no wrongful conviction compensation statute. Recovery under state statutes typically does not preclude separate §1983 civil rights litigation against police or prosecutors who violated the exoneree's constitutional rights.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.