New Jersey

State Resource Guide

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.

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 withdraw the plea, to be resentenced, or for a new trial based on legal errors in the proceedings or new evidence. In certain situations, the prosecutor may also ask the court to set aside the sentence.
Victims can receive information about post-trial motions from the Prosecutor’s Office in the county where the crime was prosecuted. Victims can register for the Victim Witness Portal with a registration number given to them by the prosecutor. Victims may contact the local county’s help desk for assistance.

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 Prosecutor’s Office where the crime was prosecuted represents the state on direct appeal. To receive direct appeal updates, victims can contact the Prosecutor’s Office in the county where the crime was prosecuted. Victims can register for the Victim Witness Portal with a registration number given to them by the prosecutor.

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 Prosecutor’s Office, where the crime was prosecuted, represents the state in post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can register through the Victim Witness Portal with a registration number given to them by the prosecutor. Victims may contact the local county’s help desk for assistance with the Victim Witness Portal. For additional help, victims can contact the State Office of Victim Witness Advocacy by phone at 609-376-2461 or the Prosecutor’s Office in the county where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under New Jersey 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 Attorney General’s Office Division of Criminal Justice represents the State in federal habeas corpus proceedings. To receive updates on federal habeas corpus, victims can register for the Victim Witness Portal with a registration number given to them by the prosecutor. Victims may contact the local county’s help desk for assistance with the Victim Witness Portal. For additional help, victims can contact the State Office of Victim Witness Advocacy by phone at 609-376-2461.

Early Release Programs

These can include parole, compassionate release, 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 New Jersey, including parole, compassionate release, or earning “credits” to reduce their sentences for good behavior or participation in vocational or educational programs in prison.
Victims can track the status of an incarcerated person through the New Jersey Department of Corrections search, and victims can register for automated notifications through the Victim Information and Notification Everyday (VINE) system. For assistance, victims can contact the New Jersey Department of Corrections Office of Victim Services by phone at (609) 292-4036 Ext. 5299 or by email at Victim.Services@doc.nj.gov. To participate in parole proceedings, victims must submit a Registration Form to the State Parole Board’s Office of Victim Services.

Prosecutorial Review

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

Individuals who have claims of actual innocence may also ask New Jersey’s state-wide Conviction Review Unit to examine their case. To be eligible for this review, a person must have been prosecuted in Superior Court and convicted of a felony.

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 New Jersey law. The Parole Board supports the governor in this work. In New Jersey, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
To receive clemency information and notification, victims can contact the State Office of Victim Witness Advocacy by phone at 609-376-2461 or the Prosecutor’s Office in the county where the crime was prosecuted.

Victims Rights
Post-Conviction

In New Jersey, victims have the right to:

Be treated with dignity and compassion and freedom from intimidation
Be present at public proceedings, including appellate arguments and post-conviction hearings
Notification of release, escape, application for compassionate release, and clemency of the incarcerated individual*
Notification of parole proceedings*
Be heard at parole proceedings
Request restitution and apply for crime victim’s compensation
Prompt return of property when 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 Victims of Crime Compensation Office (VCCO) reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral expenses.
Victims may request assistance with unpaid restitution through the Prosecutor’s Office in the county where the crime was prosecuted. Victims can apply for Victims of Crime Compensation through an online application. For assistance, victims can call the VCCO at 973-648-2107 or by email at njvictims@njvictims.org. Applications must be filed within 5 years of the crime, with limited exceptions.

New Jersey

The Post-Conviction Process

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims Rights Post-Conviction

Compensation

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Victims Rights
Post-Conviction