RCW ch. 4.100 — Revised Code of Washington Chapter 4.100 RCW — Wrongly Convicted Persons

RCW 4.100.010 Intent. The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous injustice by being stripped of their lives and liberty, they are forced to endure imprisonment and are later stigmatized as felons. A majority of those wrongly convicted in Washington state have no remedy available under the law for the destruction of their personal lives resulting from errors in our criminal justice system. The legislature intends to provide an avenue for those who have been wrongly convicted in Washington state to redress the lost years of their lives, and help to address the unique challenges faced by the wrongly convicted after exoneration. [ 2013 c 175 s 1.] RCW 4.100.015 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Actually innocent" describes a person for whom a preponderance of all the evidence no longer supports a finding that the person engaged in conduct that is the basis for a felony charged in the charging document. (2) "Significant new exculpatory information" means any information, without regard to its admissibility in court, that: (a) Supports or is consistent with a person's claim they were wrongly convicted; and (b) Was not considered by the finder of fact at trial or in a plea hearing before conviction. (3) "Wrongly convicted" means a person who was charged, convicted, and imprisoned for one or more felonies of which he or she is actually innocent. [ 2026 c 224 s 1.] RCW 4.100.030 Claims—Filing procedure. (1) Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation from the state. (2) If a person entitled to file a claim under subsection (1) of this section is deceased, incapacitated and incapable of filing the claim, or if he or she is a minor, or is a nonresident of the state, the claim may be filed on behalf of the claimant by an authorized agent. (3) A claim filed under this chapter survives to the personal representative of the claimant as provided in RCW 4.20.046. (4) All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020. (5) Service of the summons and complaint is governed by RCW 4.28.080. [ 2026 c 224 s 2; 2013 c 175 s 3.] RCW 4.100.040 Claims—Evidence, determinations required—Dismissal of claim. (1) In order to file an actionable claim for compensation under this chapter, the claim must not be time barred under RCW 4.100.090 and the claimant must state facts and provide documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that: (a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or part of the sentence; (b) The claimant did not engage in the conduct that is the basis for a felony charged in the charging document; (c) The claimant did not commit or suborn perjury or fabricate evidence to cause or bring about the conviction. Any form of guilty plea to a crime the claimant did not commit, or a confession that is false or illegally obtained, does not constitute perjury or fabricated evidence under this subsection; (d) The claimant is not currently incarcerated for any offense; and (e) During the period of confinement or civil detention for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any crime other than the felony or felonies that are the basis for the claim. (2) In addition to the requirements of subsection (1) of this section, the claimant must state facts and present documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that: (a) The claimant has received a pardon, commutation, or reprieve on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or (b) The claimant's judgment of conviction was reversed or vacated following the presentation or development of significant new exculpatory information, and: (i) The claimant was not retried and the charges were dismissed; (ii) The claimant maintained their innocence and entered a plea pursuant to North Carolina v. Alford RCW 4.100.050 Appeals. Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. If the claimant appeals the dismissal of a claim, review of the superior court action is de novo. If the state appeals a judgment in favor of a claimant and the claimant ultimately prevails, interest shall accrue from the date the judgment was entered pursuant to RCW 4.56.115. [ 2026 c 224 s 4; 2013 c 175 s 5.] RCW 4.100.060 Compensation awards—Amounts—Proof required—Reentry services. (1) In order to obtain a judgment in his or her favor, the claimant must show by clear and convincing evidence that: (a) The claimant was convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; (b)(i) The claimant is not currently incarcerated for any offense; and (ii) During the period of confinement or civil detention for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any conviction other than those that are the basis for the claim; (c)(i) The claimant received a pardon, commutation, or reprieve on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or (ii) The claimant's judgment of conviction was reversed or vacated following the development or presentation of significant new exculpatory information and: (A) The claimant was not retried and the charges were dismissed; (B) The claimant maintained their innocence and entered a plea pursuant to North Carolina v. Alford RCW 4.100.070 Provision of information—Statute of limitations extension. (1) On or after July 28, 2013, when a court grants judicial relief, such as reversal and vacation of a person's conviction, consistent with the criteria established in RCW 4.100.040, the court must provide to the claimant a copy of this chapter and RCW 28B.15.395 and 72.09.750 at the time the relief is granted. (2) The clemency and pardons board or the indeterminate sentence review board, whichever is applicable, upon issuance of a pardon, commutation, or reprieve by the governor on grounds consistent with innocence on or after July 28, 2013, must provide a copy of this chapter and RCW 28B.15.395 and 72.09.750 to the individual pardoned. (3) If an individual entitled to receive the information required under this section shows that he or she was not provided with the information, he or she has an additional three years, beyond the statute of limitations under RCW 4.100.090, to bring a claim under this chapter. [ 2026 c 224 s 6; 2013 c 175 s 7.] RCW 4.100.080 Compensation as monetary minimum—Admissibility of agreements. (1) It is the intent of the legislature that the monetary compensation calculated under this chapter shall establish the monetary minimum compensation owed to a claimant pursuant to a wrongful conviction. If the claimant is awarded compensation under this chapter and receives a tort award from the state or any political subdivision of the state related to his or her wrongful conviction, the claimant must reimburse the state for the lesser of: (a) The amount of the compensation award, excluding the portion awarded pursuant to RCW 4.100.060(5) (c) through (d) and (6); or (b) The amount received by the claimant under the tort award. (2) A release dismissal agreement, plea agreement, or any similar agreement whereby a prosecutor's office or an agent acting on its behalf agrees to take or refrain from certain action if the accused individual agrees to forgo legal action against the county, the state of Washington, or any political subdivision, is admissible and should be evaluated in light of all the evidence. However, any such agreement is not dispositive of the question of whether the claimant was wrongly convicted or entitled to compensation under this chapter. [ 2026 c 224 s 7; 2013 c 175 s 8.] RCW 4.100.090 Actions for compensation—Deadlines for commencing. (1) Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within six years after the grant of a pardon or other executive relief, the grant of judicial relief and satisfaction of other conditions described in this chapter, or release from custody, whichever is later. Any action by the state challenging or appealing the grant of judicial relief or release from custody shall toll the six-year period. (2) Any person meeting the criteria set forth in this chapter who was wrongly convicted before June 11, 2026, who maintained his or her innocence and entered a plea pursuant to North Carolina v. Alford