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Washington

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 withdraw a plea, to vacate the judgment, or for a new trial based on new evidence or problems with how the case has been handled. In certain situations, the prosecution or Department of Corrections may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-trial motions from the Prosecuting 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 Prosecuting Attorney represents the state on direct appeal. To receive direct appeal updates, victims can contact the Prosecuting 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, 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 Prosecuting Attorney’s Office or Solicitor General Division of the Washington Attorney General’s Office represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the Prosecuting 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 Washington 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 Solicitor General Division of the Washington Attorney General’s Office represents the State in federal habeas corpus proceedings. Victims can email the Solicitor General. To receive federal habeas updates, victims can contact the Prosecuting Attorney’s Office in the county where the case was prosecuted. 

Early Release Programs

These programs can include sentence review by the Indeterminate Sentence Review Board or earning time off a sentence for good behavior.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Washington, including release due to a medical condition, sentence review by the Indeterminate Sentence Review Board, and earning “credits” for good behavior in prison.
  • Victims can track the status of an incarcerated individual through the Department of Corrections’ Incarcerated Search. To receive notifications of early release programs, victims can complete an online enrollment form. This form is also available from your County Prosecutor’s Office or by contacting the Department of Social and Health Services by email or by phone at 1-800-422-1536. Additionally, victims of certain crimes are eligible for advanced notification from the Department of Corrections. For parole information and notifications, victims can contact the Victim Services staff of the Indeterminate Sentence Review Board (ISRB or Board) by email or by phone at (866) 948-9266.

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.
  • If a person was convicted and sentenced in King County, they may ask the local prosecutor’s office to review their sentence and/or grant them early release.

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 Washington law. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • For clemency notification, victims can contact the Prosecuting Attorney’s Office in the county where the case was prosecuted. Victims can also contact the Washington State Clemency and Pardons Board by phone at 360-463-1128 or by email.

Victims Rights
Post-Conviction

In Washington, victims have the right to:
  • Protection from harm
  • Notification and information about appeals proceedings*
  • Attend appeals arguments and post-conviction hearings
  • Explanation of the appeals process
  • Make a statement when incarcerated individuals are considered for release, including parole, pardon, commutation, or community release.
  • Request restitution and apply for victim’s compensation
  • Return of property when it 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 Washington Crime Victims Program reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral costs.
  • For help with restitution, victims can contact the Prosecuting Attorney’s Office in the county where the case was prosecuted. Victims can apply for compensation and find more information about the Washington Crime Victims Program (CVP) online. For assistance with applications for CVP, victims can email or call 1-800-762-3716. Applications must be filed within 3 years of the crime with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Washington

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