Bill would allow more wrongfully incarcerated Ohioans to seek compensation

COLUMBUS, Ohio (WCMH) – More Ohioans who were wrongfully incarcerated may soon be able to apply for financial compensation under a recently introduced Statehouse bill.

Under current state law, individuals who are found guilty and later have their convictions overturned are eligible to seek restitution. However, Ohioans who were incarcerated as minors, residents who received a gubernatorial pardon, and those who entered an Alford plea -- a guilty plea that maintains one's innocence while acknowledging that the evidence would likely lead to a conviction -- are barred from applying, Rep. Josh Williams (R-Sylvania Township) said.

These exclusions are the reason Williams introduced House Bill 501 on Oct. 7, alongside Rep. Elgin Rogers Jr. (D-Toledo). The legislation would expand the opportunity for compensation to such groups.

“No one who has been wrongfully imprisoned should be denied the opportunity to seek justice and compensation simply because of a technicality in the law,” Williams said in a statement. “This legislation is about correcting past wrongs and bringing Ohio in line with best practices across the nation.”

To obtain financial compensation in Ohio, individuals must file a civil action to be declared wrongfully imprisoned in a common pleas court in the county where the original charges were filed. After this determination is made, they can file a civil claim for monetary damages in the Court of Claims. 

A person declared wrongfully imprisoned is entitled to court costs, loss of income and $68,808.38 for each year they were incarcerated, with the amount prorated for partial years. This number is accurate for actions filed in 2025 and 2026, as the Auditor of State adjusts it every odd-numbered year based on the Consumer Price Index. 

According to the National Registry of Exonerations, 3,741 people in the United States, including 116 in Ohio, have had their convictions overturned dating back to 1989. Ohio has paid nearly $51 million to wrongfully incarcerated people since then.

HB 501 has been assigned to the Judiciary Committee, where it awaits its first hearing. Three Democrats and one Republican are cosponsoring the bill.