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Iowa

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

Wrongful Conviction 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 arrest the judgment, 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 victims at the County Attorney’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 Iowa Department of Justice (Attorney General) represents the state on direct appeal. The Iowa DOJ notifies registered victims of the filing of an appeal, the expected date of the decision on the appeal as the information becomes available to the department, all dispositional orders in the appeal, and the outcome of the appeal of a case in which the victim was involved. For assistance, victims can call 1-800-373-5044 or email CRIMEVICTIMINFO@AG.IOWA.GOV.

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 Iowa Department of Justice (Attorney General) represents the state in state post-conviction proceedings. The Iowa Department of Justice notifies registered victims of the filing of an appeal, the expected date of the decision on the appeal as the information becomes available to the department, all dispositional orders in the appeal, and the outcome of the appeal of a case in which the victim was involved. For assistance, victims can call 1-800-373-5044 or email crimevictiminfo@ag.iowa.gov.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Iowa 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 Iowa Department of Justice (Attorney General) represents the state in federal habeas corpus proceedings. The Iowa DOJ notifies registered victims of the filing of a federal habeas corpus petition. For assistance, victims can call 1-800-373-5044 or email CRIMEVICTIMINFO@AG.IOWA.GOV.

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 Iowa, 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.
  • To receive notification about early release, victims should contact the County Attorney’s Office where the crime was prosecuted and register for notification. Local prosecutors forward victims’ registration to the Iowa Department of Corrections and the Iowa Board of Parole. Victims can also track the status of an incarcerated person via the Iowa Victim Information and Notification Everyday (VINE) system or by calling the Iowa Department of Corrections Victim Services office at 1-800-778-1182. Victims may also call the Board of Parole at 515-725-5761 for more information.

Wrongful Conviction Review

State officials can reconsider the conviction to be sure it is just.
  • People who have been convicted of offenses in Iowa and who have claims of actual innocence may ask for their case to be reviewed by the state’s Wrongful Conviction Unit. This unit is part of the state public defender’s office.

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 Iowa law. The Board of Parole helps the governor in this process. In Iowa, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence). A person may also seek the restoration of their citizenship rights (i.e., the right to vote and hold office) or their firearm rights through the clemency process.
  • To receive notification about clemency, victims should contact the County Attorney’s Office where the crime was prosecuted and register for notification. Local prosecutors forward victims’ registration to the Iowa Department of Corrections and the Iowa Board of Parole. Victims can also track the status of an incarcerated person via the Iowa Victim Information and Notification Everyday (VINE) system or by calling the Iowa Department of Corrections Victim Services office at 1-800-778-1182. Applications must be filed within two years of the crime, with limited exceptions.

Victims Rights
Post-Conviction

In Iowa, victims have the right to:
  • Notification of the filing of an appeal, the expected date of decision of an appeal, and the outcome of the appeal*
  • Notification of the incarcerated individual’s escape, transfer, parole consideration, or release*
  • Be heard in the parole process
  • Notification of the convicted individual’s application for pardon, reprieve, or commutation*
  • Submit a written statement in pardon, reprieve, or commutation proceedings
  • Notification of the Board of Parole’s pardon, reprieve, or commutation recommendation
  • Request restitution and apply to the crime victim compensation program

 

* 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 Iowa Crime Victim Compensation Program may reimburse victims for expenses related to the crime, such as lost wages, counseling, and medical expenses.
  • Victims may request unclaimed restitution through the local County Attorney’s Office and the Clerk of Court where the crime was prosecuted. For information about the Crime Victim Compensation Program, victims may contact the program at 800-373-5044 or online.

 

Click here to learn more about the post-conviction process and victims’ rights in Iowa

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