Wrongful conviction compensation is money the government pays a person who was convicted and imprisoned for a crime they did not commit, usually a set amount for each year behind bars. Federal law allows up to $50,000 per year, or $100,000 per year for someone sentenced to death. This page lists wrongful conviction compensation by state for federal law, 33 states and Washington, D.C., with the amount written in each statute, and the calculator below turns your years in prison, on death row and on parole or the registry into an estimate.
The fixed per-year amounts on this page run from $5,000 a year in Wisconsin to $100,000 a year in Nevada for 21 or more years. Texas pays $80,000 per year plus a lifetime annuity, California and Missouri pay by the day, Arizona and Connecticut pay twice the state median income per year, and New York, West Virginia and D.C. set no amount at all. Arizona and Georgia enacted compensation laws in 2025.
Use decimals for partial years, for example 7.5.
Most statutes multiply a set amount by the time served, and a few add amounts for other years:
Compensation = years incarcerated x per-year amount + years on parole or the registry x supervision amount + fixed extras (subject to any cap)
Time on parole, post-release supervision or a sex offender registry adds money in Texas, Washington, Oregon, Kansas, Idaho, Minnesota, Nevada, Delaware and Virginia. Years on death row add money in Georgia, Washington and Virginia, and carry a higher rate under federal law and in Idaho and Delaware.
| Jurisdiction | Amount in the statute | Extras and limits |
|---|---|---|
| Federal | Up to $50,000 per year | Up to $100,000 per year if sentenced to death |
| Arizona | 200% of state median household income per year | Inflation adjusted; may request more; law set to be repealed after June 30, 2027 |
| California | $140 per day | Approved by the Victim Compensation Board, paid upon appropriation |
| Connecticut | 200% of state median family income per year | Inflation adjusted; may be raised or lowered by 25% |
| Delaware | $75,000 per year | $100,000 per year awaiting a death sentence; $50,000 per year on probation, parole or the registry; adjusted yearly |
| District of Columbia | No set amount | Judge may award damages; no punitive damages |
| Florida | $50,000 per year | $2 million total cap; tuition waiver; CFO may adjust for inflation |
| Georgia | $75,000 per year | Plus $25,000 per year awaiting a death sentence; yearly inflation adjustment from 2026 |
| Hawaii | $50,000 per year | Includes time awaiting trial |
| Idaho | $62,000 per year | $75,000 per year on death row; at least $25,000 per year on parole or the registry |
| Illinois | Up to $85,350 (5 years or less), $170,000 (over 5 to 14), $199,150 (over 14) | Adjusted yearly for inflation; attorney fees up to 25% |
| Indiana | $50,000 per year | Administered by the Criminal Justice Institute |
| Iowa | $50 per day | Plus lost wages up to $25,000 per year |
| Kansas | $65,000 per year | At least $25,000 per year on parole, postrelease supervision or the registry |
| Louisiana | $40,000 per year | $400,000 cap; plus $80,000 for loss of life opportunities; $250,000 lump-sum option |
| Maryland | Median household income / 365, per day | Plus services such as identification documents |
| Massachusetts | Set by the court or jury | $1,000,000 total cap; no prejudgment interest |
| Michigan | $50,000 per year | Prorated by day |
| Minnesota | At least $50,000 per year | At least $25,000 per year on supervised release or the registry |
| Missouri | $179 per day | Postconviction incarceration |
| Montana | Educational aid (no dollar amount in 53-1-214) | For people exonerated by postconviction DNA testing |
| Nebraska | Actual damages | $500,000 cap per claimant |
| Nevada | $50,000, $75,000 or $100,000 per year by total time | At least $25,000 per year on parole or the registry; attorney fees up to $25,000 |
| New Hampshire | Up to $20,000 | Cap on claims for time unjustly served |
| New York | No set amount | Court of Claims decides what fairly and reasonably compensates |
| North Carolina | $50,000 per year | $750,000 total cap; job skills training |
| Ohio | $40,330 per year or the Auditor's adjusted amount | $64,186.92 certified for 2023 and 2024 |
| Oregon | $65,000 per year | Plus $25,000 per year on parole, supervision or the registry; both adjusted |
| Rhode Island | $50,000 per year | Prorated by day |
| Texas | $80,000 per year | Plus $25,000 per year on parole or the registry; plus a lifetime annuity |
| Utah | Average nonagricultural payroll wage per year | Up to 15 years |
| Virginia | $55,000 per year | Adjusted each July 1; at least $30,000 more per year on death row or the registry |
| Washington | $50,000 per year | Plus $50,000 per year under a death sentence and $25,000 per year on parole or the registry; inflation adjusted |
| West Virginia | No set amount | Court awards what fairly and reasonably compensates |
| Wisconsin | Up to $5,000 per year | $25,000 total from the claims board |
States not in the table are not covered here because we list only amounts we could check against the official statute text. If your state is missing, check its current law with the state legislature or attorney general.
A claimant seeking federal compensation sues in the Court of Federal Claims and must prove two things: that the conviction was reversed or set aside on the ground that they are not guilty, that they were found not guilty on a new trial, or that they were pardoned on the stated ground of innocence; and that they did not commit any of the acts charged and did not by misconduct or neglect cause their own prosecution. Those facts are proved by a certificate of the court or the pardon. Damages may not exceed $50,000 for each 12-month period of incarceration, or $100,000 for each 12-month period for a plaintiff unjustly sentenced to death.
Arizona became a compensation state through Laws 2025, chapter 230 (Senate Bill 1500), approved June 27, 2025. A court awards two hundred percent of the state median household income, as determined by the U.S. Department of Housing and Urban Development and adjusted for inflation, for each year of incarceration, and the claimant may ask for more. The article took effect after December 31, 2025 and is scheduled to be repealed after June 30, 2027 unless extended.
Georgia's Wrongful Conviction and Incarceration Compensation Act (O.C.G.A. 17-22-1 to 17-22-12) took effect July 1, 2025. Claims are heard by the Office of State Administrative Hearings, which can award $75,000 per year of incarceration, $25,000 more per year awaiting a death sentence, reasonable attorney's fees and reimbursement of fines and fees. The statute directs yearly inflation adjustments starting January 1, 2026.
Delaware's law (Title 10, Chapter 70) lists $75,000 per year of incarceration, $100,000 per year awaiting a death sentence and $50,000 per year on probation, parole or the registry, with a yearly cost-of-living adjustment starting in 2025.
In Louisiana, a 2026 bill to raise the $400,000 lifetime cap (Senate Bill 125) passed the Legislature but was vetoed by the governor on June 2, 2026, so the $40,000-per-year rate and $400,000 cap remain.
Generally not. Under 26 U.S.C. 139F, gross income does not include civil damages, restitution or other monetary awards relating to the incarceration of a wrongfully incarcerated individual. The statute covers a person who was pardoned, granted clemency or granted amnesty because they were innocent, or whose conviction was reversed or vacated and whose charges were dismissed or who was found not guilty at a new trial. Other parts of a settlement can be treated differently, so see our settlement tax calculator and ask a tax professional.
Payment rules differ as much as the amounts. Texas pays a lump sum and then equal monthly annuity payments for life. Louisiana pays $40,000 a year, or a $250,000 lump sum for petitioners who choose it. Oregon pays an initial amount of up to $100,000 or 25 percent of the award, whichever is greater, and the rest as an annuity of up to $80,000 a year, unless the court orders one lump sum. Utah pays an initial sum and then quarterly payments. Virginia pays a lump sum, and Massachusetts courts can order a lump sum or annuity installments. If you are weighing a lump sum against payments over time, our structured settlement vs lump sum guide explains the trade-offs.
Several states add services. Florida waives tuition for up to 120 hours at state career centers, colleges and universities. North Carolina can award job skills training for at least one year. Massachusetts courts can order services for physical and emotional needs and waive tuition at state and community colleges. Nevada can pay tuition, books and fees at state institutions. Montana's statute provides educational aid for people exonerated by postconviction DNA testing.
Under 28 U.S.C. 2513, damages may not exceed $50,000 for each 12-month period of incarceration, or $100,000 for each 12-month period for a person who was unjustly sentenced to death. These are maximums awarded by the Court of Federal Claims, not fixed payments.
Texas Civil Practice and Remedies Code 103.052 pays $80,000 for each year served in prison, prorated for partial years, plus $25,000 for each year on parole or the sex offender registry. Texas also pays monthly annuity payments for life based on a present value equal to that amount.
Florida Statutes 961.06 pays $50,000 for each year of wrongful incarceration, prorated for part of a year. The Chief Financial Officer may adjust the annual rate for inflation, and the total awarded under the main compensation provisions may not exceed $2 million. Florida also waives tuition for up to 120 hours at state career centers, colleges and universities.
Yes, under a 2025 law (Laws 2025, chapter 230, Senate Bill 1500). A court awards two hundred percent of the state median household income for each year of incarceration, adjusted for inflation, and the claimant may ask for more. The article took effect after December 31, 2025 and is set to be repealed after June 30, 2027.
New York has no set amount. Under Court of Claims Act 8-b, a claimant who proves the required facts by clear and convincing evidence receives damages in the sum the court determines will fairly and reasonably compensate him.
California pays $140 per day of erroneous imprisonment under Penal Code 4904, approved by the California Victim Compensation Board and paid upon appropriation by the Legislature. The Board's annual report says a claim must be submitted within ten years of release, dismissal, acquittal or pardon, whichever is later.
Generally no. Under 26 U.S.C. 139F, gross income does not include civil damages, restitution or other monetary awards relating to the incarceration of a wrongfully incarcerated individual, as the statute defines that term. Ask a tax professional about your situation.
Yes. With a pardon based on innocence or a certificate of innocence, the Court of Claims may award up to $85,350 for 5 years or less, $170,000 for over 5 and up to 14 years, and $199,150 for over 14 years. The court adjusts those maximums each year for inflation, and attorney fees may not exceed 25% of the award.