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Pennsylvania

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 be resentenced, to withdraw the plea, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the District Attorney’s Office 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 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 District Attorney’s Office represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office in the county where the case was prosecuted.

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

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Pennsylvania 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 District Attorney’s Office represents the State in federal habeas corpus proceedings. To receive updates on federal habeas corpus, victims can contact the District Attorney’s Office in the county where the case was prosecuted.

Early Release Programs

These programs can include parole, compassionate release, boot camp, 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 Pennsylvania, including parole, compassionate release, participation in a boot camp program (for convicted individuals with drug or alcohol problems), or earning “credits” for good behavior or participating in vocational, rehabilitative, educational or other programs.
  • Victims can track the status of an incarcerated person through the Pennsylvania Department of Corrections’ locator. To receive notifications, victims can register through the Office of Victim Advocates (OVA) and the Victim Information & Notification Everyday (VINE) system. Victims can register for OVA by completing a registration form and by contacting OVA by phone at 800-563-6399 or by email.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • The Pennsylvania Attorney General’s Office has a Conviction Integrity Section that reviews past cases in which a person has a credible claim of innocence.
  • The Philadelphia County District Attorney’s Office also has its own Conviction Integrity Unit, which investigates not only claims of innocence but also wrongful convictions and sentencing inequities. 
  • Two other counties in Pennsylvania – Chester and Centre – have conviction integrity units, too, but neither appears to be very active.

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 Pennsylvania law. The Board of Pardons assists the governor in this work. Clemency typically takes one of four forms in Pennsylvania: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), a reprieve (which temporarily delays a person’s sentence), or a remission (which reduces or eliminates court-ordered fines or forfeiture).
  • To receive clemency notifications, victims can register through the Office of Victim Advocates (OVA) by completing a registration form. Victims can contact OVA by phone at 800-563-6399 or by email.

Victims Rights
Post-Conviction

In Pennsylvania, victims have the right to:
  • Notification of certain significant actions and proceedings in their case*
  • Be present at criminal proceedings, including oral argument and post-conviction hearings
  • Prompt and final conclusion of post-conviction proceedings
  • Immediate notification of an escape or apprehension by the convicted individual
  • Notification of release date, including parole and furlough*
  • Submit a statement about post-sentencing release decisions, including work release, parole, pardon, boot camp, or treatment center placement
  • Notification of parole hearings and clemency proceedings
  • The right to be heard about post-sentencing release decisions, including parole and clemency
  • The right to be heard in any proceeding where the victim’s rights are involved
  • Request restitution and apply for crime victim’s compensation
  • Prompt 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, Pennsylvania’s Victim Compensation Assistance Program reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral costs.
  • Victims can contact the Clerk of Court office in the county where the crime was prosecuted for specific details. Victims can apply for the Victim Compensation Assistance Program with the help of a victim advocate at their local Victim Service Program, or they may f​ile a claim online. Victims may apply within five years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Pennsylvania

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