Wrongful Conviction Compensation Claims

You are eligible to file a claim if the Claimant has been:

• Convicted of a felony by a court of this state AND
• Served all or part of the sentence for such felony AND one of the following:
  • The Claimant’s conviction was reversed or vacated AND the charges were dismissed after the conviction was reversed or vacated; or
  • The Claimant’s conviction was reversed or vacated AND the Claimant was acquitted; or
  • The conviction was reversed or vacated AND the Claimant entered an Alford plea or a plea of nolo contendere when the Claimant would otherwise have been entitled to a new trial; or
  • The Claimant received a pardon based on innocence.

A claim for compensation may be brought by the Claimant, heirs at law, or the legal representative of a deceased individual.

You are required to serve the claim on the Attorney General and the prosecuting District Attorney. OSAH Rule 11 provides additional information about service. To access that information, click here. For a list of prosecuting attorneys from the Prosecuting Attorneys Council of Georgia, click here.

You may file the OSAH Form 3 form by mailing it to OSAH, 225 Peachtree Street NE, Suite 400, Atlanta, GA 30303 or by sending it as an e-mail attachment to wcic@osah.ga.gov, or faxing it to 404-657-3337.

Legal counsel will not be provided or appointed. You may represent yourself or obtain attorney representation. You can contact the State Bar of Georgia for help in finding a lawyer. Their telephone number is (800) 334-6865 or to access their website, click here. If a claim is successful under the Act, the administrative law judge may award reasonable and necessary attorney’s fees, costs and expenses incurred by the Claimant or on the Claimant’s behalf in reversing or vacating the conviction, obtaining a pardon and filing for compensation.

You will receive a Notice of Preliminary Hearing in the mail and via email informing you of the date, time, and location of your hearing.

During the Preliminary Hearing the judge will consider evidence and legal argument relating only to the Claimant’s preliminary eligibility as detailed in Question 1 above. See O.C.G.A. § 17-22-6(d). You must prove eligibility by a preponderance of the evidence. In most cases, a decision regarding eligibility will be available within 30 days after the hearing date. If the Claimant’s eligibility is established by a preponderance of the evidence at the Preliminary Hearing, the administrative law judge will schedule a full Evidentiary Hearing. If eligibility is not proven by a preponderance of the evidence, the claim will be dismissed.

An Evidentiary Hearing will be held within 180 days of the designation of an administrative law judge to hear the case. You must prove your case by a preponderance of the evidence. During the Evidentiary Hearing, the administrative law judge is authorized to consider issues including but not limited to (1) whether the Claimant committed the crime for which he or she was convicted, or any lesser included offense, and (2) the amount of compensation the Claimant is entitled to, if any. See O.C.G.A. § 17-22-3(c)(2), 17-22-5(a)(2).

Compensation in the amount of $75,000 may be awarded for each year of wrongful incarceration (prorated if necessary).[1] Additionally, the administrative law judge may award reasonable and necessary attorney’s fees, costs and expenses incurred by the Claimant or on the Claimant’s behalf in reversing or vacating the conviction, obtaining a pardon and filing for compensation, and reimbursement for restitution, costs, fines, fees or surcharges paid by or on behalf of the Claimant as a result of the wrongful conviction. An additional $25,000 for each year of incarceration while awaiting a sentence of death (prorated if necessary) may be awarded. See O.C.G.A. § 17-22-7.

[1] Beginning January 1, 2026, and each year thereafter, the dollar amounts specified in O.C.G.A. § 17-22-7(a) may be adjusted to reflect the cost of living for Georgia citizens in the prior calendar year. O.C.G.A. § 17-22-7(d).

In most cases, a Decision will be issued within thirty days after the Evidentiary Hearing. If no appeal of the Decision is timely filed, the Decision shall become final and the administrative law judge will issue a Judgment either awarding compensation or denying the claim. No Judgment will be issued unless and until you execute a release and waiver as required under O.C.G.A. § 17-22-6(e).