(a) Claims on behalf of persons erroneously convicted of felonies shall be submitted on an “Erroneously Convicted Person Claim Form,” Rev. July 2022, hereby incorporated by reference, and provided by the Board or obtained on the Board's website. Claimants must include the following:

(b) The claim and supporting documentation may be submitted in electronic format as a PDF attachment to the Board's designated email address. Claims emailed after 5:00 p.m. during the week or anytime during the weekend or state holidays will be deemed received the next regular business day. Alternatively, the claim and supporting documentation may be sent by mail to the Board's physical address and will be deemed received upon the date of arrival within the Board's Legal Division. If the claim and supporting documentation are submitted in hardcopy only, an original and one copy are required.

(c) The supporting documentation must confirm the claimant was convicted of a felony in a California court, for which they served a term of imprisonment in either a state prison or county jail pursuant to subdivision (h) of Penal Code section 1170, and the claimant is no longer incarcerated for that felony conviction. The supporting documentation must also confirm the claim was timely submitted under Penal Code section 4901.

(d) Once received, a hearing officer will review the claim to determine compliance with Penal Code sections 4900 and 4901 and, upon such a determination, deem the claim filed. A filed claim will be considered by the Board. All claims that fail to comply with sections 4900 and 4901 may be rejected by a hearing officer.

(e) Upon filing, the Board will forward a complete copy of the claim to the California Attorney General in either hardcopy or electronic PDF format.

(f) Injury may be established by showing that, but for the erroneous conviction, the claimant would not have been in custody.