Getting a conviction reversed is one fight, and getting paid for the lost years is another. Michigan sets strict rules on who qualifies, how much is paid, and when you must file. Mueller Law Firm helps people bring wrongful imprisonment compensation claims under those rules.
What Does It Mean to Be Exonerated in Michigan?
Michigan’s Wrongful Imprisonment Compensation Act (WICA) asks for more than a reversal on a technical error. You must show all of the following with strong proof, called clear and convincing evidence:
- You served at least part of a state prison sentence
- Your conviction was reversed or vacated
- All charges were dismissed, or you were found not guilty of all charges at a new trial
- New evidence shows you did not commit the crime and were not an accomplice, and that evidence led to the reversal, dismissal, or acquittal
You are not eligible if you were also convicted of another offense arising from the same incident, and that conviction still stands. Time served on a separate concurrent or consecutive sentence is not compensated. If a court threw out your conviction only because of police misconduct or an unfair trial, you may not qualify for state money without new proof of innocence.
How Much Does Michigan Pay for a Wrongful Conviction?
Exoneration compensation in Michigan is $50,000 for each year in prison, prorated by the day for partial years. The award can also include:
- Attorney fees: The state pays these on top of your award, up to 10 percent of it or $50,000, whichever is less.
- Prison costs: The state repays money it collected from you to cover your prison stay.
- Tax treatment: The act makes the award exempt from income tax.
Time in jail before your conviction does not count. In Sanford v. State (2020), the Michigan Supreme Court ruled that the act pays only for prison time after a conviction.
What Are the Deadlines and Repayment Rules?
You generally have three years from the court order that clears you to file in the Michigan Court of Claims. If the state appeals that order, the clock pauses until the appeal is over. Missing that deadline can end your claim.
The state can also take the money back later. Under MCL 691.1755, a WICA award is subject to repayment if you later recover damages from someone else for the same wrongful conviction. In December 2025, the Michigan Court of Appeals upheld that rule after an exoneree reached a $7.5 million settlement with the City of Detroit.
Federal Civil Rights Claims After Release
Suing for wrongful conviction in federal court is a separate path. Accepting a WICA award blocks some state-court claims, but it does not stop a federal lawsuit against the police officers or others involved. These cases usually require proof that someone violated your rights, such as by hiding evidence or pressuring a false confession.
Protect Your Three-Year Window With Our Michigan Wrongful Conviction Lawyer
The filing clock starts when a court clears you, not when you get home. Call Mueller Law Firm for a free initial consultation, or schedule one online. For over 25 years, our firm has backed people who were mistreated by those in power.
