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Oklahoma

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

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 arrest the judgment, to vacate the conviction, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the District Attorney’s Office in the county where the case 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 Criminal Appeals division of the Oklahoma Attorney General’s Office represents the state on direct appeal. To receive appeal updates, victims can complete a request for notification. For assistance, victims can contact the Victim Advocacy and Services Unit of the Oklahoma Attorney General’s Office by phone at 405-521-3921. Victims can search for the case status through Oklahoma Courts.

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 Criminal Appeals division of the Oklahoma Attorney General’s Office represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can complete a request for notification. For assistance, victims can contact the Victim Advocacy and Services Unit of the Oklahoma Attorney General’s Office by phone at 405-521-3921.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Oklahoma 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 Criminal Appeals division of the Oklahoma Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates, victims can complete a request for notification. For assistance, victims can contact the Victim Advocacy and Services Unit of the Oklahoma Attorney General’s Office by phone at 405-521-3921.

Early Release Programs

These programs can include parole, parole based on advanced age, medical 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 Oklahoma, including parole, parole based on advanced age, medical parole, or earning “credits” for good behavior, unusual meritorious acts, or participating in vocational, rehabilitative, educational or other programs.
  • Victims can track the status of an incarcerated person through the Oklahoma Department of Corrections Lookup. For automated notifications, victims can register for the Victim Information and Notification Everyday (VINE) system. For notifications about custody status and early release programs, victims can register with the Pardon and Parole Board’s Victim Notification Program by completing a Victim Notification Form and or contacting the Board by phone at 405-521-6600.

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 Oklahoma law. The Pardon and Parole Board supports the governor in this work. In Oklahoma, clemency typically takes the form of either a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency by registering with the Pardon and Parole Board’s Victim Notification Program by completing a Victim Notification Form and or contacting the Board by phone at 405-521-6600.

Victims Rights
Post-Conviction

In Oklahoma, victims have the right to:
  • Be treated with fairness, respect, and dignity, and be free from intimidation, harassment, or abuse throughout the criminal justice process
  • Be notified and be present at any proceeding involving the case*
  • Notification if a sentence is overturned, remanded for a new trial, or otherwise modified by the Oklahoma Court of Criminal Appeals*
  • Notification of the location of the incarcerated person during a sentence to probation or confinement*
  • Notification when there is any release or escape of the incarcerated individual*
  • Be heard at any release hearing, including parole hearings
  • Notification, information, and participation in the clemency process*
  • Request restitution and apply for 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 Crime Victims Compensation Fund reimburses victims for expenses related to the crime, such as medical bills, loss of income, and funeral and burial costs.
  • Victims may request help with restitution by contacting the District Attorney’s Office where the case was prosecuted. Victims can apply for the Crime Victims Compensation Fund by completing an application. Victims must apply within one year of the crime, with limited exceptions. For assistance with the applications and more information, victims can call the program at 405-264-5006 or 1-800-745-6098.
Click here to learn more about the post-conviction process and victims’ rights in Oklahoma

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