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Alabama

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal habeas corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to arrest the judgment, to withdraw the plea, or for a new trial based on new evidence or problems with how the case has been handled. In certain situations, the prosecution may also file a motion to shorten the convicted person’s sentence.
  • Victims can receive information about post-trial motions from the district attorney’s office in the county where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Alabama Attorney General represents the State on direct appeal. To receive updates on appeal, victims should give their information to the Attorney General online, call the Attorney General’s Office of Victim Assistance (1-800-626-7676 or 334-242-7342), and sign up for notifications through the Alabama Victim Notification System (VNS).

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed and filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Alabama Attorney General represents the State in post-conviction proceedings. To receive updates on post-conviction, victims should give their information to the Attorney General online, call the Attorney General’s Office of Victim Assistance (1-800-626-7676 or 334-242-7342), and sign up for notifications through the Alabama Victim Notification System (VNS).

Federal habeas corpus

After seeking post-conviction relief in state court, a person convicted under Alaska law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Alabama Attorney General represents the State in federal habeas corpus proceedings. To receive updates on federal habeas, victims should give their information to the Attorney General online, call the Attorney General’s Office of Victim Assistance (1-800-626-7676 or 334-242-7342), and/or sign up for notifications through the Alabama Victim Notification System (VNS).

Early Release Programs

These programs can include parole, medical parole, geriatric parole, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Alabama, including parole, special parole for medical reasons, temporary release to participate in jobs or rehabilitative programs, or earning days off their sentences (called “good-time credits”) for good behavior and participation in rehabilitative, educational, and career training programs. Good-time credits are not available to people convicted of certain violent and felony offenses.
  • To receive notification about an incarcerated individual’s release and movement, including parole hearings, medical release, furlough, changes in status or custody, and death, victims should register through the Alabama Victim Notification System (VNS). Victims can also fill out the Notice Registration Form and email it to notifications@paroles.alabama.gov. Victims can track the status of an incarcerated person through the Department of Corrections online inmate search. Assistance is also available through the Alabama Bureau of Pardons & Paroles Victim Service Unit, which provides support to victims who are interested in participating in Alabama’s parole hearing process.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • The Jefferson County District Attorney-Birmingham Division has established a conviction review unit that allows prosecutors to investigate claims of actual innocence in past felony cases from that district. Review is discretionary, and there is no remedy if the unit declines to review a past case.
  • Victims have a right to notice if an Alabama Conviction Integrity Unit proceeds with a full investigation of a conviction. To receive notification, victims should keep their contact information up to date with the district attorney’s office in the county where the crime was prosecuted and through the Attorney General’s Office online.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor or legislature can grant clemency to people convicted under Alabama law. The Alabama Bureau of Pardons & Paroles helps in this process. Clemency typically takes one of three forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or a reprieve (which provides temporary relief from a sentence). Alabama mayors have some pardon power, too. Generally, this authority is limited to violations of municipal ordinances.
  • To receive notification about pardon hearings, victims should register through the Alabama Victim Notification System (VNS). Victims can also fill out the Notice Registration Form and email it to notifications@paroles.alabama.gov. Victims can track the status of an incarcerated person through the Department of Corrections online inmate search. Assistance is also available through the Alabama Bureau of Pardons & Paroles Victim Service Unit, which provides support to victims who are interested in participating in Alabama’s pardon hearing process.

Victims Rights
Post-Conviction

In Alabama, victims have the right to:
  • Notification of the sentence imposed on the person convicted of the crime*
  • Notification of any post-conviction court review or appellate proceeding or decisions about post-conviction and appellate proceedings immediately after the status is known* 
  • Be present at court proceedings 
  • Information about registering with the appropriate agencies and departments for post-conviction notification
  • Notification about escape, recapture, and death of a person convicted of a crime*
  • Notification about reentry, furlough program placements, medical parole, scheduled release date, or release from mental facilities of a person convicted of a crime*
  • Refuse an interview with the convicted individual’s attorney or representative
  • Be present and heard at parole and pardon hearings
  • Request restitution and apply for crime victim’s compensation 
  • Prompt return of property when it is no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Alabama Crime Victims Compensation (ACVCC) reimburses victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
  • Victims may reach out to Restitution Recovery Units in the district attorney’s office where the crime was committed. Victims may access an Alabama Crime Victims Compensation application and additional information online or by telephone (334-290-4420 or 1-800-541-9388). Applications must be completed within 1 year of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Alabama

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