The Georgia Wrongful Conviction Compensation Act represents a major shift in the state’s criminal justice system. For the first time, Georgia now offers a formal way to compensate people who were wrongfully convicted and later proven innocent.
At The Abt Law Firm, our Atlanta criminal defense attorneys are dedicated to helping clients understand how this new law works, who qualifies, and how to file a claim for compensation.
What Is the Wrongful Conviction Compensation Act?
Georgia’s Wrongful Conviction and Incarceration Compensation Act officially became law in 2025. This is designed to give exonerees, those proven innocent after a wrongful conviction, a structured path to justice and financial recovery. Before this law, wrongfully convicted individuals had no standardized process to seek compensation and often had to petition the legislature for individual relief.
Under this Act, the Georgia Office of State Administrative Hearings (OSAH) oversees all wrongful conviction compensation claims. The law ensures that individuals who were unjustly incarcerated can finally receive acknowledgment and restitution from the state.
This reform reflects Georgia’s commitment to fairness and accountability, recognizing that wrongful imprisonment has devastating personal, emotional, and financial effects on innocent people.
How Much Compensation Can Exonerees Receive?
The Act allows those who qualify to receive $75,000 for every year they were wrongfully incarcerated. For individuals who were wrongfully sentenced to death, the compensation increases by an additional $25,000 per year.
In addition to these base amounts, eligible claimants may recover:
- Attorney’s fees and court costs related to overturning the wrongful conviction
- Restitution and fines previously paid because of the conviction
- Reasonable expenses incurred in securing a pardon of innocence
Starting January 1, 2026, these amounts will also be adjusted for inflation to reflect cost-of-living increases.
Who Qualifies Under the Act?
To be eligible for compensation, a claimant must have been convicted of a felony, served all or part of the sentence, and was later proven innocent through one of the following actions:
- The conviction was reversed or vacated, and all charges were dismissed.
- The conviction was reversed or vacated, and the person was acquitted on retrial.
- The conviction was reversed or vacated, and the individual entered an Alford plea or nolo contendere plea after being entitled to a new trial.
- The individual received a pardon of innocence from the State Board of Pardons and Paroles.
Merely being released from prison does not qualify someone for compensation. The law requires a formal exoneration, reversal, or pardon that clearly establishes innocence. The claimant must also prove that they did not commit or assist in the crime, fabricate evidence, or engage in misconduct related to the conviction.
Importance of Having an Attorney to Verify Documentation and Eligibility
Because the exoneration compensation process involves extensive documentation and strict legal standards, working with an experienced Atlanta criminal defense lawyer is crucial. Attorneys can help verify eligibility, organize official records, and ensure that claims meet all procedural deadlines.
Having skilled representation can also prevent delays and increase your chances of receiving the full amount you are owed under the Georgia exoneree compensation law.
Steps to File for Wrongful Conviction Compensation in Georgia
Filing a claim under the new Act involves several important steps:
- Gather official documents: You will need copies of court orders, reversal or vacatur documents, pardons, and proof of incarceration.
- Complete the OSAH claim form: The official form is available through the Georgia Office of State Administrative Hearings. It can be filed by mail, email, or fax.
- Serve notice to state authorities: Copies must be sent to both the Georgia Attorney General’s Office and the District Attorney who handled the original prosecution.
- Attend a hearing before an Administrative Law Judge: During the hearing, the claimant must present evidence proving wrongful conviction and eligibility under the Act.
- Receive a judgment: If approved, the Administrative Law Judge will issue an order for compensation, which will be paid through the state’s established process.
Most importantly, claims must be filed within three years of exoneration or within three years of July 1, 2025, whichever is later.
Why Legal Representation Matters After Exoneration
After exoneration, many people struggle to rebuild their lives. Lost time, damaged reputations, and financial instability can make reintegration difficult. The Georgia Wrongful Conviction Compensation Act offers financial relief, but navigating the claims process can be complex.
A knowledgeable criminal appeal lawyer in Georgia can help by:
- Reviewing case records and confirming eligibility
- Preparing evidence and testimony for the OSAH hearing
- Managing deadlines and communications with the state
- Pursuing additional post-conviction relief in Georgia if needed
Real-World Impact of Georgia’s Reform
Before 2025, Georgia was one of the few states without a standardized compensation system for the wrongfully convicted. This new law ensures that people who were unjustly imprisoned can now receive recognition and restitution.
For example, someone wrongfully incarcerated for ten years could receive up to $750,000 in compensation under this statute. While no amount of money can truly make up for years lost, the law provides an important step toward justice and accountability.
How The Abt Law Firm Can Help
At The Abt Law Firm, we understand the emotional and legal challenges exonerees face. Our attorneys have decades of experience handling criminal appeals, wrongful imprisonment claims, and post-conviction relief cases throughout Georgia.
We can assist you in:
- Determining whether you qualify under the Georgia Wrongful Conviction Compensation Act 2024
- Gathering and filing the required documentation
- Representing you during administrative hearings
- Securing the maximum compensation available under the law
Contact The Abt Law Firm Today
If you have been exonerated, you may be eligible for compensation. At The Abt Law Firm, our dedicated Atlanta criminal defense lawyers can explain your rights, evaluate your eligibility, and guide you through every step of the process.
Contact us at (770) 977-6105 to schedule a free, confidential consultation.
