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New York allows a person who was wrongfully convicted and imprisoned to seek compensation from the State. The path is narrow, the deadlines are strict, and the standard of proof is higher than in an ordinary civil case. This page explains who qualifies, what has to be proven, and what has to happen before a claim can even be filed.
Under Court of Claims Act § 8-b, a person who was convicted and imprisoned for a crime they did not commit may bring a claim for damages against the State. Several conditions must all be met:
The statute reaches actual innocence, not procedural error. A conviction overturned because of a legal mistake, without more, does not by itself support a § 8-b claim.
A claim of actual innocence asserts that the person did not commit the crime — not merely that the trial was flawed. Under § 8-b, it must be established by clear and convincing evidence, a higher standard than the “more likely than not” test used in most civil cases. The claimant must also show they did not, by their own conduct, bring about the conviction.
Yes, significantly, and this is where many people are surprised.
New York courts have recognized a freestanding actual innocence claim under CPL 440.10 for people convicted after trial. For convictions obtained through a guilty plea, the Court of Appeals has held that a freestanding actual innocence claim is generally not available. The main exception is DNA evidence, which the Criminal Procedure Law treats separately and which can reach a guilty plea.
If you pleaded guilty, that does not automatically end every avenue — but it narrows them considerably, and it is the first thing worth discussing with an attorney.
A § 8-b claim is the final step, not the first. The conviction has to be undone first, which usually happens one of two ways: a successful appeal, or a motion to vacate the judgment. Because the problems behind most wrongful convictions are not visible in the trial transcript, the motion is often the relevant vehicle — our article on CPL 440.10 motions explains how it works and what grounds qualify.
One of the most common grounds is the prosecution’s failure to disclose evidence favorable to the defense, covered in our article on Brady violations.
Under § 8-b(7), a claim must be filed within two years after the pardon, or after the conviction is vacated and the accusatory instrument dismissed. This is a strict deadline and it is shorter than most civil deadlines in New York.
Different claims carry different clocks. A civil rights claim against the individuals or agency responsible is governed by separate deadlines, some as short as 90 days where a municipality is involved — see our article on malicious prosecution claims.
No, and the distinction is worth understanding because the two claims run on separate tracks.
A § 8-b claim is brought against the State in the New York Court of Claims. It compensates a person for having been wrongfully convicted and imprisoned, and it turns on actual innocence.
A federal civil rights claim is brought in federal court against the municipality whose officers or prosecutors were involved. It turns on misconduct, such as a malicious prosecution or a failure to disclose evidence, rather than on innocence as such. Our articles on malicious prosecution and Brady violations cover that side.
Different defendants, different courts, different proof, different deadlines. Some situations support one and not the other, and neither follows automatically from a vacated conviction.
Wrongful conviction cases are document-driven and slow. They typically require reconstructing the original case file, obtaining records from agencies that are not eager to produce them, locating witnesses years after the fact, and often working with forensic experts. Prior counsel’s file and the trial transcript are usually the starting point, and both get harder to retrieve as time passes.
Yes. If you meet the criteria under Court of Claims Act § 8-b, including having your conviction vacated or being pardoned on grounds of innocence, you may file a civil claim for damages.
If the claimant establishes the claim, Court of Claims Act § 8-b provides that the court awards damages in a sum it determines will fairly and reasonably compensate the claimant. Each case is evaluated individually.
Under Court of Claims Act § 8-b(7), you must file within 2 years after your pardon or after your conviction is vacated and the accusatory instrument dismissed. This is a strict deadline.
Yes. Federal courts require “new” evidence something that was not presented at trial and it must be strong enough that no reasonable juror would convict you if it had been known.
An attorney can:
If you or a family member were convicted of a crime in New York that you did not commit, Held & Hines LLP can review the circumstances and help you understand what options may be available. The firm also handles related Prisoner’s Rights matters.
If you are currently incarcerated, please reach the firm by phone or mail, or through your facility’s approved email service.
If you are writing on behalf of someone who is incarcerated, you can use the contact form.
This page is for general informational purposes only and does not constitute legal advice. Speaking with an attorney can help you understand how New York law may apply to your specific situation.