(a)Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.
(b)For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of
Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.
(c)In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.
(d)A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.
(e)The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.
(f)A presumption does not
exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
Notes of Decisions
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
· cites it 2× “” Cal. Penal Code § 4903 (c) (2014). While Virginia generally excludes those who have pled guilty, there is an exception for persons who were sentenced to death, were convicted of certain classes of felonies, or were convicted of any felony where the punishment is life in prison.”
Ebberts v. State Bd. of Control, 84 Cal. App. 3d 329 (Cal. Ct. App. 1978).
“” Penal Code section 4903 reads: “On such hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto.”
Ausderau v. State, 130 Misc. 2d 848 (1985).
“, at 2938) precluding recovery where a claimant did not "by misconduct or neglect cause or bring about his own prosecution”; or pursuant to California Penal Code § 4903 (appendix B to Report, op.”
Diola v. State Bd. of Control, 34 A.L.R. 4th 640 (Cal. Ct. App. 1982).
“” (Pen. Code, § 4903; brackets added.) 6 Civil culpability, with intentional or negligent conduct as its predicate, is unaffected by the fact of insanity.”
Amended August 23, 2016 Nick C. Rhoades v. State of Iowa (Iowa 2016).
“” Cal. Penal Code § 4903 (c) (2014). While Virginia generally excludes those who have pled guilty, there is an exception for persons who were sentenced to death, were convicted of certain classes of felonies, or were convicted of any felony where the punishment is life in prison.”
Gregory Marino v. State of Alaska (Alaska Ct. App. 2025).
“§ 2513(a)(2) (providing that the claimant must prove they “did not commit any of the acts charged or [their] acts, deeds, or omissions in connection with such charge constituted no offense against [the Government], and [they] did not by misconduct or neglect cause or bring about…”
Ciancanelli v. Cal. State Bd. of Control, 248 Cal. App. 2d 705 (Cal. Ct. App. 1967).
“(Pen. Code, §§ 4903, 4904.) The claimant contends that when section 4904 of the Penal Code states “but the amount of the appropriation so recommended shall not exceed in any ease, the sum of five thousand dollars ($5,000)” (italics ours), we must construe this phrase “in any…”
— Cal. Penal Code § 4903(a) — 1 case
Gregory Marino v. State of Alaska (Alaska Ct. App. 2025).
“§ 2513(a)(2) (providing that the claimant must prove they “did not commit any of the acts charged or [their] acts, deeds, or omissions in connection with such charge constituted no offense against [the Government], and [they] did not by misconduct or neglect cause or bring about…”
— Cal. Penal Code § 4903(c) — 1 case
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
“” Cal. Penal Code § 4903 (c) (2014). While Virginia generally excludes those who have pled guilty, there is an exception for persons who were sentenced to death, were convicted of certain classes of felonies, or were convicted of any felony where the punishment is life in prison.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.