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California

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 vacate the conviction, to be resentenced, 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 challenging the person’s sentence or conviction.
  • 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 California Office of the Attorney General represents the state on direct appeal. To receive appeal updates, victims must complete the Request for Criminal Appeal Notification form. Victims can submit the form via email: victimservices@doj.ca.gov or mail to 1300 I Street P.O. Box 944255, Sacramento, CA 95814. Victims may also reach the Attorney General’s Victim Services Unit at (877) 433-9069 or online.

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 California Office of the Attorney General represents the State in state post-conviction proceedings. To receive state post-conviction updates, victims must complete the Request for Criminal Appeal Notification form. Victims can submit the form via email: victimservices@doj.ca.gov or mail to 1300 I Street P.O. Box 944255, Sacramento, CA 95814. Victims may also reach the Attorney General’s Victim Services Unit at (877) 433-9069 or online.

Federal habeas corpus

After seeking post-conviction relief in state court, a person convicted under California 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 California Office of the Attorney General represents the State in federal habeas corpus proceedings. To receive habeas corpus updates, victims must complete the Request for Criminal Appeal Notification form. Victims can submit the form via email: victimservices@doj.ca.gov or mail to 1300 I Street P.O. Box 944255, Sacramento, CA 95814. Victims may also reach the Attorney General’s Victim Services Unit at (877) 433-9069 or online.

Early Release Programs

These programs can include parole or earning time off a sentence for good behavior or illness.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in California, including parole and “good time credits” – which are reductions in a person’s sentence for good behavior for their completion of certain educational, vocational, or mental health programs.
  • Victims can track the status of an incarcerated person via the Victim Information and Notification Everyday (VINE) website at www.vinelink.com. To receive notification about an incarcerated individual’s release and movement, victims should also register with the California Department of Corrections and Rehabilitation (CDCR) online at https://e1707.cdcr.ca.gov/ or by downloading form 1701 and returning it to the Office of Victim & Survivor Rights & Services (OVSRS). For parole notification, parole hearings, and requests for special conditions of parole, victims can contact OVSRS via phone at 1-877-256-OVSS (6877) or email vicitmservices@cdcr.ca.gov. Information is also available on the California Board of Parole Hearings website or through Parole Justice Works, which provides education and resources to victims/survivors and their family members who are interested in participating in California’s parole hearing process.

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.

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 California law. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency from the district attorney’s office in the county where the crime was prosecuted.  

Victims Rights
Post-Conviction

In California, victims have the right to:
  • Notification of and presence at post-trial proceedings, post-conviction proceedings, and any proceeding in which a right of the victim is at issue*
  • Be present and heard in post-trial and post-conviction release, parole, and clemency hearings
  • Notification about escape, recapture, transfer to another prison, and death of a person convicted of a crime*
  • Notification of reentry, furlough program placements, medical parole, scheduled release date, or release from mental facilities of a person convicted of a crime*
  • Job protection, reasonable accommodations and leave for medical attention, mental health services, and court attendance when their employer has 25 or more employees
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of their property when it is no longer needed as evidence
  • Hire an attorney to enforce their rights


* 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 California Victim Compensation and Government Claims Board (CalVCB) reimburses victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
  • Victims may request unclaimed restitution at https://unclaimedrestitution.cdcr.ca.gov/ and contact the Restitution Unit of the California Department of Corrections and Rehabilitation, Office of Victim & Survivor Rights & Services (OVSRS) via email at CDCRRestitution@cdcr.ca.gov. Victims can access an application and more information about California Victim Compensation online. Applications must be filed within 7 years of the crime, or 7 years after the direct victim turns 21 years of age, or 7 years from when the crime could have been discovered, whichever is later.
Click here to learn more about the post-conviction process and victims’ rights in California

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