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Indiana

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 to be resentenced or to correct errors in the proceedings based on jury misconduct, new evidence, legal errors at trial, or other problems with the proceedings.
  • Victims can receive information about post-trial motions from the local prosecutor’s office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing 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 Indiana Office of the Attorney General represents the State in direct appeal. To receive updates on the direct appeal process, victims should give their information to their local prosecutor’s office. The Attorney General’s Victim Notification Advocates request the victim’s contact information from the prosecutor’s office where the crime occurred.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Indiana Office of the Attorney General represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims should give their information to their local prosecutor’s office. The Attorney General’s Victim Notification Advocates request the victim’s contact information from the prosecutor’s office where the crime occurred.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Indiana 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 Indiana Office of the Attorney General represents the State in federal habeas corpus proceedings. To receive updates on federal habeas corpus, victims should give their information to their local prosecutor’s office. The Attorney General’s Victim Notification Advocates request the victim’s contact information from the prosecutor’s office where the crime occurred.

Early Release Programs

These programs include parole and 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 Indiana, including parole and earning “credits” that reduce the length of their sentences for good behavior or completion of rehabilitative, educational, or vocational programs in prison.
  • Victims can track the status of an incarcerated person online. The Indiana Department of Corrections’ Victim Services Division notifies victims before an incarcerated individual’s release. Victims should sign up for notifications through Indiana SAVIN. For information about parole release, victims may also contact the Indiana Parole Board at 317-232-5673.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • People who have been convicted of offenses in Marion County, Indiana, and who have claims of actual innocence may ask for their case to be reviewed by the local prosecutor’s Conviction Integrity Unit.  

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Indiana law. The Parole Board helps the governor in this process. In Indiana, clemency typically takes one of three forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or special medical clemency, which allows incarcerated people with terminal medical conditions or a medical condition that would be more effectively treated outside the prison to be released.
  • Victims receive notification of clemency from the Indiana Parole Board by enrolling in Indiana SAVIN.

Victims Rights
Post-Conviction

In Indiana, victims have the right to:
  • Be treated with fairness, dignity, and respect
  • Notification of the status and decisions in appeals and post-conviction*
  • Notification of and presence during public hearings, including oral arguments and post-conviction hearings*
  • Communicate with the prosecution
  • Notification of escape and notification before the temporary or permanent release of a convicted individual*
  • Be heard at proceedings involving sentencing and post-conviction release
  • Request restitution and apply for victim’s compensation

 

* 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 Indiana Violent Crime Compensation Office may reimburse victims for expenses related to the crime, such as medical bills, lost wages, mental health counseling, and funeral costs.
  • Victims who are owed outstanding restitution may hire an attorney and sue in civil court. Victims may access information about the Indiana Violent Crime Compensation Office online or by telephone (317-232-1233 or 1-800-353-1484). Applications must be filed within two years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Indiana

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