If you are in immediate danger, CALL 911.

Quick Exit
Post-Conviction Survivor Resources Logo

Missouri

State Resource Guide

Download PDF

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 set aside the judgment, to arrest the judgment, to withdraw the plea, to reduce the punishment, or for a new trial based on new evidence or legal errors in the proceedings. The prosecution may also move to vacate or set aside a conviction at any time if they have information that the convicted person may be innocent or may have been erroneously convicted.
  • Victims can receive information about post-trial motions from the Crime Victim Advocate 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 direct 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 Missouri Attorney General represents the state on direct appeal in felony cases. To receive direct appeal updates, victims can request notification online. For assistance, victims can email or call the Victim Services division of the Attorney General’s office at 573-526-1464. Victims can also track the progress of a direct appeal through Casenet.

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 Missouri Attorney General represents the State in post-conviction proceedings for felony cases. To receive post-conviction updates, victims must request notification online and contact the Crime Victim Advocate in the county where the case was prosecuted. For assistance, victims can also email or call the Victim Services division of the Attorney General’s office at 573-526-1464. Victims can also track the progress of post-conviction through Casenet.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Missouri 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 Missouri Attorney General represents the State in federal habeas corpus proceedings. To receive federal habeas corpus proceedings, victims should contact the Crime Victim Advocate in the county where the case was prosecuted and email or call the victim services division of the Attorney General’s office at 573-526-1464. 

Early Release Programs

These can include parole, medical parole, reconsideration of the sentence by the Parole Board, 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 Missouri, including parole, medical parole, reconsideration of the person’s sentence by the Parole Board if the person was under 18 at the time of their offense, and earning “good-time credits,” which are reductions in sentences awarded for good behavior and completion of rehabilitative programs.
  • For updates on custody and early release, victims can submit a Victim Notification Request to the Missouri Department of Corrections and register for the Missouri Victim Automated Notification System (MOVANS). Victims can also register for notification through Missouri’s VINE service.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • The prosecutor’s offices in St. Louis and Jackson County, Missouri, have established conviction-integrity units to review past cases in which a convicted person has a plausible claim of actual innocence. Additionally, a new state law empowers the Missouri Office of Prosecution Services to establish a conviction review unit to investigate claims of actual innocence of any defendant. The law requires the Office to create an application process, though none appears to have been established yet.

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 Missouri law.  In this work, the governor is assisted by the Parole Board. In Missouri, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • To ensure notification regarding clemency, victims should contact the Crime Victim Advocate in the county where the case was prosecuted and the Missouri Department of Corrections’ Office of Victim Services by email or phone at 573-526-6516.

Victims Rights
Post-Conviction

In Missouri, victims have the right to:
  • Notification of appellate procedure and information about the status of the appeal*
  • Speedy appellate review
  • Presence at all criminal proceedings
  • Information about release, escape, recapture, or death of the incarcerated individual*
  • Notification of probation revocation, parole hearings, and clemency*
  • Be present and be heard at probation and parole hearings
  • Request restitution and apply for victims’ compensation
  • Return of property that 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 Missouri Crime Victims’ Compensation Program reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral costs.
  • Victims may request assistance with restitution through the Crime Victim Advocate in the county where the case was prosecuted. Victims can apply to the Missouri Crime Victims’ Compensation Program online. Applications must be filed within two years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Missouri

Back to State Resources

State Resource Guides