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Tennessee

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 reduce the sentence, or for a new trial on the grounds that the jury incorrectly weighed the evidence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office 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 Tennessee Attorney General represents the state on direct appeal. To receive direct appeal updates, victims can complete a Request for Notification form and submit it to the Attorney General’s Office.

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 District Attorney’s Office where the case was prosecuted represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the District Attorney’s Office where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Tennessee 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 Federal Habeas Corpus Division of the Tennessee Attorney General represents the State in federal habeas corpus proceedings. To receive updates on federal habeas proceedings, victims can complete a Request for Notification form and submit it to the Attorney General’s Office.

Early Release Programs

These programs can include parole, furloughs, earning time off a sentence for good behavior, or participating in certain programs 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 Tennessee, including parole, furloughs, or earning “credits” for good behavior in prison or for participating in certain educational, vocational, or treatment programs.
  • Victims can track the status of an incarcerated person through the Tennessee Department of Correction (DOC) Online Search. Victims can register with the Board of Parole (BOP) to receive parole hearing notifications. For assistance, victims can contact the Victims Services Division of the BOP by email or phone at 1.866.795.7467. Victims can also receive automated notifications through the Victim Information and Notification Everyday (VINE) system.

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.
  • Individuals convicted in Davidson County who claim to be innocent and have newly discovered evidence of their innocence may ask the Nashville District Attorney’s Conviction Review Unit to review their convictions.
  • In Shelby County, the Justice Review Unit is reviewing cases in which people were convicted of having drugs in a school zone. The state legislature recently reduced the boundary of drug-free school zones from 1,000 feet to 500 feet and created a resentencing process for defendants who have received an enhanced punishment under the old law.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Tennessee law. Clemency usually takes the form of a pardon (which forgives a person for their offense), an exoneration (which also forgives a person for their offense when there is proof of their innocence), or a commutation (which shortens a person’s sentence).
  • For assistance with clemency notification, victims should contact the Victims Services Division of the Board of Parole by email or phone at 1.866.795.7467. Victims who want clemency notification should provide the District Attorney’s Office where the case was prosecuted with the victim’s updated contact information.

Victims Rights
Post-Conviction

In Tennessee, victims have the right to:
  • Freedom from intimidation, harassment, and abuse
  • An explanation of the stages of the appeals process and instructions on how to receive information about appeals
  • Presence at all proceedings where the defendant has a right to be present
  • Communicate about the case with the prosecution
  • Be heard at all critical stages of the criminal justice process, including parole hearings
  • Notification about the release, transfer, or escape of the convicted person*
  • Prompt and final conclusion of the case after the conviction or sentence
  • Request restitution and apply for victims’ 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 Criminal Injuries Compensation Fund reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral or burial costs.
  • Victims who want help with unpaid restitution should contact the District Attorney’s Office where the case was prosecuted with the victim’s updated contact information. Victims can apply to the Criminal Injuries Compensation Fund by filing a claim. Applications must be filed within 2 years of the crime, with limited exceptions. For additional information and assistance on the Fund, victims can call (866) 960-6039 or email criminal.injury@tn.gov.
Click here to learn more about the post-conviction process and victims’ rights in Tennessee

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