Wisconsin Statutes
Wis. Stat. § 775.05 (2026)
Compensation for innocent convicts
✓ current as of July 2026
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775.05(1)(1) The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.
775.05(2)(2) Any person who is imprisoned as the result of his or her conviction for a crime in any court of this state, of which crime the person claims to be innocent, and who is released from imprisonment for that crime after March 13, 1980, may petition the claims board for compensation for such imprisonment. Upon receipt of the petition, the claims board shall transmit a copy thereof to the prosecutor who prosecuted the petitioner and the judge who sentenced the petitioner for the conviction which is the subject of the claim, or their successors in office, for the information of these persons.
775.05(3)(3) After hearing the evidence on the petition, the claims board shall find either that the evidence is clear and convincing that the petitioner was innocent of the crime for which he or she suffered imprisonment, or that the evidence is not clear and convincing that he or she was innocent.
775.05(4)(4) If the claims board finds that the petitioner was innocent and that he or she did not by his or her act or failure to act contribute to bring about the conviction and imprisonment for which he or she seeks compensation, the claims board shall find the amount which will equitably compensate the petitioner, not to exceed $25,000 and at a rate of compensation not greater than $5,000 per year for the imprisonment. Compensation awarded by the claims board shall include any amount to which the board finds the petitioner is entitled for attorney fees, costs and disbursements. If the claims board finds that the amount it is able to award is not an adequate compensation it shall submit a report specifying an amount which it considers adequate to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).
775.05(5)(5) The claims board shall keep a complete record of its proceedings in each case and of all the evidence. The findings and the award of the claims board shall be subject to review as provided in ch. 227.
775.05 AnnotationWhen there was no evidence in support of the claimant’s conviction, and the claimant was innocent as a matter of law, the Claims Board’s finding to the contrary was inexplicable. Turnpaugh v. State Claims Board, 2012 WI App 72, 342 Wis. 2d 182, 816 N.W.2d 920, 11-2365.
775.05 AnnotationIncarceration in a jail is imprisonment within the meaning of this section. Turnpaugh v. State Claims Board, 2012 WI App 72, 342 Wis. 2d 182, 816 N.W.2d 920, 11-2365.
775.05 AnnotationSub. (4) does not require the Claims Board to make a finding regarding the adequacy of an award. Sanders v. State Claims Board, 2023 WI 60, 408 Wis. 2d 370, 992 N.W.2d 126, 21-0373.
775.05 AnnotationCompensation for the Unjustly Imprisoned: A Model for Reform in Wisconsin. Fite. 2005 WLR 1181.
775.05 AnnotationExonerees’ Hardships after Freedom. Delaney, Findley, & Sullivan. Wis. Law. Feb. 2010.
Notes of Decisions
Cited in 7
cases (5 in the last 5 years), 2012–2025 · leading case: Derrick A. Sanders v. State of Wisconsin Claims Bd., 2023 WI 60 (Wis. 2023).
Derrick A. Sanders v. State of Wisconsin Claims Bd., 2023 WI 60 (Wis. 2023). “The Board awarded $25,000, the maximum under Wis. Stat. § 775.05 (4) (2019– 20).2 Section 775.”
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “See Wis. Stat. § 775.05 (1) ("The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.”
Derrick A. Sanders v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2022). “§ 775.05 (2019-20)1 seeking compensation as an “innocent person[] who [has] been convicted of a crime.”
Mario Victoria Vasquez v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2025). “§ 775.05 (2023-24)1 for compensation, claiming that he was innocent of the charge and wrongfully convicted.”
Jones, Brenda v. York, Brent (W.D. Wis. 2021). “See Wis. Stat. § 775.05 ; Compensation for the Unjustly Imprisoned: A Model for Reform in Wisconsin, 2005 Wis.”
Hall, Maurice v. Richardson, Reed (W.D. Wis. 2021). “CONLEY District Judge 2 Likewise, when Hall was no longer incarcerated, the Wisconsin Claims Board did not find that Hall is actually innocent when it allegedly told him that he could refile a petition under Wis. Stat. § 775.05 , which compensates “innocent persons who have been…”
Avery v. City of Milwaukee, 40 F. Supp. 3d 1089 (E.D. Wis. 2014). “On December 12, 2012, the State of Wisconsin Claims Board granted Avery’s petition for compensation under Wis. Stat. § 775.05 , finding that Avery provided “clear and convincing evidence that he was innocent of the crime for which he was convicted.”
— Wis. Stat. § 775.05(1) — 2 cases
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “See Wis. Stat. § 775.05 (1) ("The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.”
Derrick A. Sanders v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2022). “§ 775.05 (2019-20)1 seeking compensation as an “innocent person[] who [has] been convicted of a crime.”
— Wis. Stat. § 775.05(2) — 2 cases
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “See Wis. Stat. § 775.05 (1) ("The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.”
Mario Victoria Vasquez v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2025). “§ 775.05 (2023-24)1 for compensation, claiming that he was innocent of the charge and wrongfully convicted.”
— Wis. Stat. § 775.05(3) — 4 cases
Derrick A. Sanders v. State of Wisconsin Claims Bd., 2023 WI 60 (Wis. 2023). “The Board awarded $25,000, the maximum under Wis. Stat. § 775.05 (4) (2019– 20).2 Section 775.”
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “See Wis. Stat. § 775.05 (1) ("The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.”
Derrick A. Sanders v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2022). “§ 775.05 (2019-20)1 seeking compensation as an “innocent person[] who [has] been convicted of a crime.”
Mario Victoria Vasquez v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2025). “§ 775.05 (2023-24)1 for compensation, claiming that he was innocent of the charge and wrongfully convicted.”
— Wis. Stat. § 775.05(4) — 4 cases
Derrick A. Sanders v. State of Wisconsin Claims Bd., 2023 WI 60 (Wis. 2023). “The Board awarded $25,000, the maximum under Wis. Stat. § 775.05 (4) (2019– 20).2 Section 775.”
Derrick A. Sanders v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2022). “§ 775.05 (2019-20)1 seeking compensation as an “innocent person[] who [has] been convicted of a crime.”
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “See Wis. Stat. § 775.05 (1) ("The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.”
Mario Victoria Vasquez v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2025). “§ 775.05 (2023-24)1 for compensation, claiming that he was innocent of the charge and wrongfully convicted.”
— Wis. Stat. § 775.05(5) — 4 cases
Derrick A. Sanders v. State of Wisconsin Claims Bd., 2023 WI 60 (Wis. 2023). “The Board awarded $25,000, the maximum under Wis. Stat. § 775.05 (4) (2019– 20).2 Section 775.”
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “See Wis. Stat. § 775.05 (1) ("The claims board shall hear petitions for the relief of innocent persons who have been convicted of a crime.”
Derrick A. Sanders v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2022). “§ 775.05 (2019-20)1 seeking compensation as an “innocent person[] who [has] been convicted of a crime.”
Mario Victoria Vasquez v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2025). “§ 775.05 (2023-24)1 for compensation, claiming that he was innocent of the charge and wrongfully convicted.”
— Wis. Stat. § 775.05(7) — 1 case
Mario Victoria Vasquez v. State of Wisconsin Claims Bd. (Wis. Ct. App. 2025). “§ 775.05 (2023-24)1 for compensation, claiming that he was innocent of the charge and wrongfully convicted.”
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