1. As used in this section, a “wrongfully imprisoned person” means an individual who
meets all of the following criteria:
a. The individual was charged, by indictment or information, with the commission of a
public offense classified as an aggravated misdemeanor or felony.
b. The individual did not plead guilty to the public offense charged, or to any lesser
included offense, but was convicted by the court or by a jury of an offense classified as an
aggravated misdemeanor or felony.
c. The individual was sentenced to incarceration for a term of imprisonment not to exceed
two years if the offense was an aggravated misdemeanor or to an indeterminate term of years
under chapter 902 if the offense was a felony, as a result of the conviction.
d. The individual’s conviction was vacated or dismissed, or was reversed, and no further
proceedings can be or will be held against the individual on any facts and circumstances
alleged in the proceedings which had resulted in the conviction.
e. The individual was imprisoned solely on the basis of the conviction that was vacated,
dismissed, or reversed and on which no further proceedings can be or will be had.
2. Upon receipt of an order vacating, dismissing, or reversing the conviction and sentence
in a case for which no further proceedings can be or will be held against an individual on
any facts and circumstances alleged in the proceedings which resulted in the conviction, the
district court shall make a determination whether there is clear and convincing evidence to
establish either of the following findings:
a. That the offense for which the individual was convicted, sentenced, and imprisoned,
including any lesser included offenses, was not committed by the individual.
b. That the offense for which the individual was convicted, sentenced, and imprisoned
was not committed by any person, including the individual.
3. If the district court finds that there is clear and convincing evidence to support either
of the findings specified in subsection 2, the district court shall do all of the following:
a. Enter an order finding that the individual is a wrongfully imprisoned person.
b. Orally inform the person and the person’s attorney that the person has a right to
commence a civil action against the state under chapter 669 on the basis of wrongful
imprisonment.
4. Within seven days of entry of the order finding that an individual is a wrongfully
imprisoned person, the clerk of court shall forward a copy of the order, together with a copy
of this section, to the individual named in the order.
5. A claim for wrongful imprisonment under this section is a “claim” for purposes of
chapter 669, notwithstanding anything in section 669.14 to the contrary. Notwithstanding
section 669.8, however, an action brought under this section shall not preclude or otherwise
limit any action or claim for relief based on any negligent or wrongful acts or omissions
which arose during the period of the wrongful imprisonment, but which are not related to
the facts and circumstances underlying the conviction or proceedings to obtain relief from
the conviction.
6. Damages recoverable from the state by a wrongfully imprisoned person under this
section are limited to the following:
a. The amount of restitution for any fine, surcharge, other penalty, or court costs imposed
and paid and any reasonable attorney’s fees and expenses incurred in connection with all
criminal proceedings and appeals regarding the wrongfully imposed judgment and sentence
and such fees and expenses incurred in connection with any civil actions and proceedings for
postconviction relief which are related to the wrongfully imposed judgment and sentence.\n\nTue Dec 09 21:57:47 2025 Iowa Code 2026, Chapter 663A (16, 0)
§663A.1, WRONGFUL IMPRISONMENT 2\n\n b. An amount of liquidated damages in an amount equal to fifty dollars per day of wrongful
imprisonment.
c. The value of any lost wages, salary, or other earned income which directly resulted from
the individual’s conviction and imprisonment, up to twenty-five thousand dollars per year.
d. The value of reasonable attorney’s fees for services provided in connection with an
action under this section.
7. In awarding damages under this section, the state appeal board or the court shall not
offset the award by any expenses incurred by the state or any political subdivision of the state
in connection with the arrest, prosecution, and imprisonment of the individual, including, but
not limited to, expenses for food, clothing, shelter, and medical care.
8. Actions under this section shall be commenced within two years of entry of the district
court order adjudging the individual to be a wrongfully imprisoned person.
97 Acts, ch 196, §1\n\nTue Dec 09 21:57:47 2025 Iowa Code 2026, Chapter 663A (16, 0)
\n
Notes of Decisions
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
· cites it 65× “196, § 1 (codified at Iowa Code § 663A.1 (1997)). The Iowa statute was preceded by enactments of wrongful imprisonment statutes in California, Maine, Maryland, New Hampshire, New York, North Carolina, Ohio, Tennessee, Texas, West Virginia, and Wisconsin and by a federal statute…”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
· cites it 83× “196, § 1 (codified at Iowa Code § 663A.1 (Supp. 1997)). Thus, the amended, final form of the law allows for the conviction to have been vacated on the basis of something other than actual innocence, such as the grounds in McCoy and the present case.”
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
· cites it 47× “Iowa Code § 663A.1(1). If these criteria are met, the court then proceeds to the second inquiry: whether that person meets the requirements of section 663A.”
Cox v. State, 686 N.W.2d 209 (Iowa 2004).
· cites it 30× “In this appeal, we must decide whether a wrongfully imprisoned person compensated under section 663A.1 is barred from maintaining a state tort claim based on acts or omissions of his attorney relating to the filing of a motion for new trial to obtain relief from the underlying…”
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015).
· cites it 41× “After reversal of his conviction, Nicoletto filed an application requesting the district court enter an order finding Nicoletto is a “wrongfully imprisoned person” who is entitled to compensation from the State under Iowa Code section 663A.1 (2013). The district court granted…”
Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually & in His Off. Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually & in Her Off. Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually & in His Off. Capacity Brenna Findley, Legal Couns. to the Governor of The, 898 N.W.2d 844 (Iowa 2017).
· cites it 4× “See Iowa Code §§ 663A.1, 669.14(4). But now an inmate can bring a direct claim for damages under article I, section 10 (ineffective assistance of counsel), article I, section 9 (due process of law), or article I, section 17 (cruel and unusual punishment).”
State v. McCoy, 742 N.W.2d 593 (Iowa 2007).
· cites it 13× “§ 663A.1(1). Generally, those criteria consider the seriousness of the charge, form of conviction, term of incarceration, disposition of the conviction, and reason for the imprisonment.”
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
“§ 663A.1(6)(a) (listing as part of the damages recoverable by a wrongfully imprisoned person “court costs imposed and paid and any reasonable attorney’s fees”); id.”
Luke v. State, 465 N.W.2d 898 (Iowa Ct. App. 1990).
· cites it 4× “[1] Luke asserts he should be able to raise his ineffective assistance complaints in this postconviction action because the failure to raise them on appeal was a result of ineffective assistance of appellate counsel.”
State v. Ceron, 573 N.W.2d 587 (Iowa 1997).
· cites it 2× “Iowa Code section 663A.1 provided that the postconvietion relief provisions of chapter 663A applied to persons convicted of a “public offense.”
— Iowa Code § 663A.1(1) — 11 cases
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
“196, § 1 (codified at Iowa Code § 663A.1 (1997)). The Iowa statute was preceded by enactments of wrongful imprisonment statutes in California, Maine, Maryland, New Hampshire, New York, North Carolina, Ohio, Tennessee, Texas, West Virginia, and Wisconsin and by a federal statute…”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
“196, § 1 (codified at Iowa Code § 663A.1 (Supp. 1997)). Thus, the amended, final form of the law allows for the conviction to have been vacated on the basis of something other than actual innocence, such as the grounds in McCoy and the present case.”
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
“Iowa Code § 663A.1(1). If these criteria are met, the court then proceeds to the second inquiry: whether that person meets the requirements of section 663A.”
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015).
“After reversal of his conviction, Nicoletto filed an application requesting the district court enter an order finding Nicoletto is a “wrongfully imprisoned person” who is entitled to compensation from the State under Iowa Code section 663A.1 (2013). The district court granted…”
— Iowa Code § 663A.1(1)(5) — 1 case
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
“196, § 1 (codified at Iowa Code § 663A.1 (1997)). The Iowa statute was preceded by enactments of wrongful imprisonment statutes in California, Maine, Maryland, New Hampshire, New York, North Carolina, Ohio, Tennessee, Texas, West Virginia, and Wisconsin and by a federal statute…”
— Iowa Code § 663A.1(1)(6) — 1 case
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
“196, § 1 (codified at Iowa Code § 663A.1 (1997)). The Iowa statute was preceded by enactments of wrongful imprisonment statutes in California, Maine, Maryland, New Hampshire, New York, North Carolina, Ohio, Tennessee, Texas, West Virginia, and Wisconsin and by a federal statute…”
— Iowa Code § 663A.1(1)(a) — 1 case
— Iowa Code § 663A.1(1)(b) — 6 cases
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
“196, § 1 (codified at Iowa Code § 663A.1 (1997)). The Iowa statute was preceded by enactments of wrongful imprisonment statutes in California, Maine, Maryland, New Hampshire, New York, North Carolina, Ohio, Tennessee, Texas, West Virginia, and Wisconsin and by a federal statute…”
— Iowa Code § 663A.1(1)(d) — 2 cases
— Iowa Code § 663A.1(2) — 13 cases
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
“Iowa Code § 663A.1(1). If these criteria are met, the court then proceeds to the second inquiry: whether that person meets the requirements of section 663A.”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
“196, § 1 (codified at Iowa Code § 663A.1 (Supp. 1997)). Thus, the amended, final form of the law allows for the conviction to have been vacated on the basis of something other than actual innocence, such as the grounds in McCoy and the present case.”
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).
“196, § 1 (codified at Iowa Code § 663A.1 (1997)). The Iowa statute was preceded by enactments of wrongful imprisonment statutes in California, Maine, Maryland, New Hampshire, New York, North Carolina, Ohio, Tennessee, Texas, West Virginia, and Wisconsin and by a federal statute…”
— Iowa Code § 663A.1(2)(a) — 1 case
— Iowa Code § 663A.1(2)(b) — 1 case
— Iowa Code § 663A.1(3) — 4 cases
State v. McCoy, 742 N.W.2d 593 (Iowa 2007).
“§ 663A.1(1). Generally, those criteria consider the seriousness of the charge, form of conviction, term of incarceration, disposition of the conviction, and reason for the imprisonment.”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
“196, § 1 (codified at Iowa Code § 663A.1 (Supp. 1997)). Thus, the amended, final form of the law allows for the conviction to have been vacated on the basis of something other than actual innocence, such as the grounds in McCoy and the present case.”
— Iowa Code § 663A.1(3)(6) — 3 cases
Cox v. State, 686 N.W.2d 209 (Iowa 2004).
“In this appeal, we must decide whether a wrongfully imprisoned person compensated under section 663A.1 is barred from maintaining a state tort claim based on acts or omissions of his attorney relating to the filing of a motion for new trial to obtain relief from the underlying…”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
“196, § 1 (codified at Iowa Code § 663A.1 (Supp. 1997)). Thus, the amended, final form of the law allows for the conviction to have been vacated on the basis of something other than actual innocence, such as the grounds in McCoy and the present case.”
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015).
“After reversal of his conviction, Nicoletto filed an application requesting the district court enter an order finding Nicoletto is a “wrongfully imprisoned person” who is entitled to compensation from the State under Iowa Code section 663A.1 (2013). The district court granted…”
— Iowa Code § 663A.1(3)(a) — 1 case
— Iowa Code § 663A.1(4) — 1 case
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
“196, § 1 (codified at Iowa Code § 663A.1 (Supp. 1997)). Thus, the amended, final form of the law allows for the conviction to have been vacated on the basis of something other than actual innocence, such as the grounds in McCoy and the present case.”
— Iowa Code § 663A.1(5) — 1 case
Cox v. State, 686 N.W.2d 209 (Iowa 2004).
“In this appeal, we must decide whether a wrongfully imprisoned person compensated under section 663A.1 is barred from maintaining a state tort claim based on acts or omissions of his attorney relating to the filing of a motion for new trial to obtain relief from the underlying…”
— Iowa Code § 663A.1(6) — 1 case
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015).
“After reversal of his conviction, Nicoletto filed an application requesting the district court enter an order finding Nicoletto is a “wrongfully imprisoned person” who is entitled to compensation from the State under Iowa Code section 663A.1 (2013). The district court granted…”
— Iowa Code § 663A.1(6)(a) — 3 cases
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
“§ 663A.1(6)(a) (listing as part of the damages recoverable by a wrongfully imprisoned person “court costs imposed and paid and any reasonable attorney’s fees”); id.”
— Iowa Code § 663A.1(6)(b) — 1 case
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.