Georgia’s New Wrongful Conviction Compensation Law Explained
On May 14, 2025, Governor Brian Kemp signed the Wrongful Conviction and Incarceration Compensation Act, which gives Georgia a formal way for some wrongfully convicted people to seek compensation. Before this law, Georgia did not have a clear statewide process, and people who were exonerated often had to rely on a private compensation bill through the General Assembly. That process could be slow, uncertain, and inconsistent. The new law, found at O.C.G.A. §§ 17-22-1 through 17-22-12, gives the Office of State Administrative Hearings the authority to handle these claims. For families across Marietta, this law is important because it recognizes that a wrongful conviction is more than a legal mistake; it can take away years of freedom, income, family life, and stability from someone who is innocent.
Why This Law Matters In Georgia Criminal Cases
Georgia’s criminal justice system lets people challenge convictions through appeals, habeas corpus petitions, motions for a new trial, and other post-conviction options. These tools can fix a wrongful conviction, but they do not make up for the years someone lost in prison. After release, a person may have no job, no savings, strained family relationships, health issues, housing problems, and the difficult task of rebuilding life after losing so much time.
The Wrongful Conviction and Incarceration Compensation Act does not replace criminal defense, appeals, or post-conviction litigation. It comes after certain major legal events, such as a reversed or vacated felony conviction followed by dismissal or acquittal, or a pardon based on innocence. The law is meant to create a claims process for compensation once the person meets the statutory requirements.
This difference matters. If you are facing criminal charges, do not wait and hope for compensation later. The best approach is to avoid a conviction from the start. If you need a criminal defense attorney after an arrest, indictment, investigation, or probation issue, focus on getting legal help now to protect your rights. At The Mazloom Law Firm, LLC, I represent people across Georgia and want you to know that early defense work can make a big difference before a case leads to a conviction.
Who May Be Eligible For Compensation
The Act sets specific eligibility rules. Under O.C.G.A. § 17-22-5, a claimant must establish by a preponderance of the evidence that the claimant was convicted of a felony by a Georgia court and served all or part of the sentence for that felony. The claimant must also prove that he or she did not commit the crime of conviction and did not commit any lesser included offense. In addition, one of several events must apply, such as a conviction being reversed or vacated and the charges dismissed, a conviction being reversed or vacated followed by an acquittal, a qualifying Alford plea or nolo contendere plea after reversal or vacatur when the person otherwise would have been entitled to a new trial, or a pardon based on innocence.
The Office of State Administrative Hearings says that a claim can be filed by the person affected, their heirs, or the legal representative of someone who has died. This is important for older cases where the wrongfully convicted person is no longer living.
Eligibility is not guaranteed. Just having a conviction vacated or a case dismissed is not always enough. The person filing the claim must still prove innocence as required by the law. The Attorney General and the district attorney can challenge the claim. This means the claim should be carefully prepared with records, court orders, transcripts, evidence, and a clear explanation of how the law’s requirements are met.
How The Claim Process Works
O.C.G.A. § 17-22-3 gives the Office of State Administrative Hearings, commonly called OSAH, sole and exclusive authority to consider wrongful conviction and incarceration compensation claims under the Act. A designated administrative law judge decides whether the claimant qualifies and, if so, the amount of compensation.
Under O.C.G.A. § 17-22-4, the claim must be filed directly with OSAH. The claim generally must be filed within three years after the acknowledgment described in O.C.G.A. § 17-22-12, or within three years of July 1, 2025, whichever occurs later. The claim must be captioned in the required form and served on the Attorney General and the prosecuting district attorney. The law also has timing provisions for newly obtained evidence of innocence that could not previously have been obtained with reasonable diligence.
After the claim is filed and served, O.C.G.A. § 17-22-6 provides for OSAH to designate an administrative law judge within 15 days. The administrative law judge must hold a hearing within 180 days of being designated. The Attorney General and the prosecuting district attorney may file a response and appear to contest the claim. After the hearing, the administrative law judge issues a decision on eligibility and compensation, and a party may seek review in the Superior Court of Fulton County or in the Superior Court of the county where the claimant was prosecuted.
This process is not just simple paperwork. It is a legal proceeding with evidence, deadlines, service rules, and possible challenges from state lawyers. If you are thinking about filing a claim, working with an attorney can help make sure everything is handled correctly.
How Much Compensation May Be Awarded
Under O.C.G.A. § 17-22-7, a qualifying claimant may be awarded $75,000 for each year of incarceration, with prorated amounts for partial years. The law also provides an additional $25,000 for each year of incarceration while awaiting a sentence of death based on the conviction at issue, again prorated for partial years. The administrative law judge may also award reasonable and necessary attorney’s fees, costs, and expenses connected with reversing or vacating the conviction, obtaining a pardon, and filing the compensation claim. The law also allows reimbursement for restitution, costs, fines, fees, or surcharges paid because of the wrongful conviction.
The Act also includes limits and offsets. If the claimant received a monetary award or settlement in a civil action against the state or a state governmental entity related to the wrongful conviction and incarceration, that amount may be deducted from the compensation award after accounting for attorney’s fees, costs, and expenses paid to obtain the civil recovery. The law also says that, beginning January 1, 2026, OSAH may adjust the statutory dollar amounts to reflect annual inflation or deflation in the cost of living.
Under O.C.G.A. § 17-22-8, an award is not subject to state income taxes, is not reduced by incarceration expenses charged by the state or a political subdivision, and is not subject to ordinary civil damages caps. The statute also limits how attorneys may collect fees from claimants for this relief.
Important Limits On Payment And Release Of Claims
The law creates a path to compensation, but it also contains important limits. O.C.G.A. § 17-22-9 creates the Wrongful Conviction and Incarceration Compensation Trust Fund. Awards are payable from that fund, and the state’s liability does not exceed available trust fund money. The statute also provides that payment depends on the General Assembly appropriating money for payment. For awards over $1.5 million, payment may be made over three fiscal years.
Another major issue is the release requirement. Under O.C.G.A. § 17-22-6(e), no compensation award may be issued until the claimant files a release and waiver in the form required by OSAH. That release covers claims against the state, state governmental entities, and current or former state officers, employees, members, or agents arising from the wrongful conviction and incarceration. The statute states that the release does not require a waiver of claims against political subdivisions or their officers, employees, or agents.
This is one of the reasons legal advice matters. A compensation claim can affect other possible claims. A claimant should understand what is being released, what may remain available, and how a civil recovery may affect the compensation calculation.
The New Attorney’s Fees Provision In Criminal Cases
Senate Bill 244 also created O.C.G.A. § 17-11-6. This provision is separate from the wrongful conviction compensation claim process. It applies when the prosecuting attorney in a felony or misdemeanor case is disqualified due to improper conduct, and the case is later dismissed by the court or a subsequent prosecutor. In that situation, the defendant is entitled to reasonable attorneys’ fees and costs incurred in defending the case, but the defendant must file the motion within 45 days of the final termination of the underlying criminal case.
For defendants, this is another reason to take prosecutorial misconduct issues seriously when they arise. It does not apply to every dismissal. It is tied to the statutory requirements. Still, it gives defendants a specific remedy in narrow cases where improper prosecutorial conduct leads to disqualification, and the case is later dismissed.
Why Defense Strategy Still Comes First
The new compensation law is a meaningful development, but it should not be misunderstood as a safety net for every unfair case. The best time to fight a criminal accusation is before conviction. That may mean challenging the stop, the search, the seizure, the confession, the identification, the forensic evidence, the chain of custody, the indictment, the witness testimony, or the state’s theory of the case.
If you are looking to hire a criminal defense attorney, do not wait until the case has already moved through critical hearings. Contact our office to discuss representation and next steps as early as possible. Retained representation allows the defense to begin reviewing discovery, filing motions, interviewing witnesses, reviewing body camera footage, and identifying weaknesses before trial or plea negotiations.
The Mazloom Law Firm, LLC represents defendants all throughout Georgia. Whether the case is in Cobb County, Fulton County, DeKalb County, Gwinnett County, Cherokee County, Clayton County, Douglas County, Fayette County, Forsyth County, Henry County, Rockdale County, or another Georgia court, early legal work can help protect your freedom and future.
Frequently Asked Questions About Georgia’s Wrongful Conviction Compensation Law
Who Can File A Claim Under Georgia’s New Wrongful Conviction Compensation Law?
A claim may be filed by a person who meets the statutory requirements under O.C.G.A. §§ 17-22-1 through 17-22-12. In general, the person must have been convicted of a felony in a Georgia court, served all or part of the sentence, and prove by a preponderance of the evidence that he or she did not commit the crime or a lesser included offense. The person must also fit one of the qualifying case outcomes, such as reversal or vacatur followed by dismissal, reversal or vacatur followed by acquittal, a qualifying Alford or nolo contendere plea after reversal or vacatur, or a pardon based on innocence. OSAH states that heirs at law or a legal representative may file for a deceased person.
How Much Money Can A Wrongfully Convicted Person Receive In Georgia?
Under O.C.G.A. § 17-22-7, a qualifying claimant may receive $75,000 for each year of wrongful incarceration, with partial years prorated. If the person was incarcerated while awaiting a sentence of death based on the conviction at issue, the law allows an additional $25,000 per year for that time, also prorated for partial years. The award may also include reasonable and necessary attorney’s fees, costs, and expenses related to reversing or vacating the conviction, obtaining a pardon, and filing the compensation claim. Restitution, costs, fines, fees, or surcharges paid because of the wrongful conviction may also be reimbursed.
Does A Dismissed Criminal Case Automatically Qualify For Compensation?
No. A dismissed case does not automatically qualify. The law is focused on wrongful conviction and incarceration, not every dismissed charge. A claimant generally must have been convicted of a Georgia felony, served all or part of the sentence, and then meet the statutory innocence and case outcome requirements. For example, a conviction reversed or vacated followed by dismissal may qualify if the claimant can also prove the required innocence showing. If charges were dismissed before conviction, the wrongful conviction compensation statute usually would not be the correct remedy. A person in that situation may need a different legal analysis.
What Is The Deadline To File A Wrongful Conviction Compensation Claim?
O.C.G.A. § 17-22-4 generally requires the claim to be filed within three years after the acknowledgment described in O.C.G.A. § 17-22-12, or within three years of July 1, 2025, whichever occurs later. The law also includes provisions for new evidence of innocence that could not previously have been obtained with reasonable diligence. Because deadlines can control the outcome, a claimant should not wait to review eligibility and filing requirements. A claim must also be filed with OSAH and served on the Attorney General and the prosecuting district attorney.
Will The State Provide A Lawyer For A Compensation Claim?
OSAH states that legal counsel will not be provided or appointed for these claims. A claimant may represent himself or herself or obtain attorney representation. If the claim is successful, the administrative law judge may award reasonable and necessary attorney’s fees, costs, and expenses connected with reversing or vacating the conviction, obtaining a pardon, and filing the compensation claim. This means attorney involvement may be important, but the claimant should understand the fee rules in O.C.G.A. § 17-22-8 before signing any agreement.
Can The State Fight The Compensation Claim?
Yes. Under the Act, the Attorney General and the prosecuting district attorney may receive notice, file a response, and appear at the hearing to oppose the claim. They may contest eligibility, innocence, or the amount of compensation. The administrative law judge may consider evidence and legal argument. This makes the claim more like a real legal proceeding than a simple application. The claimant should be prepared to present records, court orders, transcripts, evidence, and a clear explanation of how the statute applies. Strong preparation matters because the burden of proof is on the claimant.
Does This Law Help Someone Currently Charged With A Crime?
The wrongful conviction compensation law does not defend a current criminal charge. It applies only after a qualifying wrongful conviction and incarceration history. If you are currently accused of a crime, the more urgent issue is defending the case now. That may include reviewing the evidence, challenging police conduct, filing motions, negotiating where appropriate, or preparing for trial. If you’re looking to hire a criminal defense attorney, you should contact our office to discuss representation and next steps before the case reaches a point where options are limited.
Call The Mazloom Law Firm, LLC For Criminal Defense Representation In Georgia
Georgia’s new wrongful conviction compensation law is an important change, but it does not remove the need for a strong defense when a person is first accused. If you or a loved one is facing a criminal charge, investigation, indictment, probation issue, or post-conviction concern, The Mazloom Law Firm, LLC can discuss retained representation and the next steps available under Georgia law.
The Mazloom Law Firm, LLC represents defendants all throughout Georgia, with offices in Marietta, Atlanta, and Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. To receive a free consultation, call our Marietta criminal defense attorney at The Mazloom Law Firm, LLC, by calling 770-590-9837. We work directly with clients who are ready to protect their rights, their record, and their future.
