When you’re wrongfully convicted of committing a crime, you lose time, your freedom, money, and much more—and, until recently, there was nothing the state of Arizona offered by way of compensation to those whom it wronged. That all changed with Arizona SB1500. If you or a loved one has been wrongfully convicted of a crime in Gilbert, this guide from the Gilbert criminal defense attorneys at Lerner and Rowe Law Group provides insight about what your options are.
Arizona SB1500: AZ Becomes 41st State to Offer Compensation
On June 27, 2025, Governor Katie Hobbs signed Arizona Senate Bill 1500 into law, thereby putting the state alongside 40 other states that allow those wrongfully convicted of a crime to receive compensation for their suffering.
What Is Included in SB1500?
This initiative provides a civil procedure in accordance with Arizona Revised Statutes (A.R.S. § 13-4296) to submit a claim to superior court. Here’s what the law includes:
Financial Compensation
If you are found to be eligible, the law awards you a total of 200 percent of the median income in Arizona for each year that you had to spend wrongfully incarcerated. The calculation is done based on your median household income at the time of being incarcerated and adjusted according to inflation. In addition to that, for all the years during which an individual has been on death row, another $25,000 will be provided for each year spent in prison.
In addition, claimants may apply for up to $500,000 of extra compensation to make good other forms of documented damages such as unreimbursed fines, legal fees, restitution payments, and other losses associated with the arrest, prosecution, and conviction.
Another key point worth mentioning here is that the compensation offered through SB1500 is nontaxable gross income.
Services for Reintegration
Of course, money cannot fix everything, especially when people have spent many years without a chance to grow professionally or obtain higher education. This is why, besides cash compensation, the law entitles people to the following services:
- Professional psychological care
- Education at college or vocational schools
- Financial counseling
Record Expungement and Sealing
As per SB1500, an eligible person can file for the record expungement and sealing of the arrest and any related wrongful conviction records.
Who is Eligible?
According to the eligibility criteria under the new law, only certain individuals qualify for the relief measures outlined in SB1500. For that purpose, an individual must be able to show through a preponderance of evidence that:
- They were convicted of a felony and later incarcerated
- They did not commit the said felony offense
- They did not commit perjury, falsify evidence, or facilitate their own conviction in any manner
With that said, pleading guilty does not exclude a person under this eligibility criteria, so long as the conviction was ultimately wrongful.
One of the following must happen post-conviction for the claimant to be eligible:
- There is a pardon based on innocence
- The conviction is reversed, or charges are dropped, or there is a finding of not guilty upon retrial
- The conviction is reversed, and there is a plea of no contest or Alford plea with a declaration of innocence
These claims must be made within two years of the reversal of the conviction or within two years from the effective date of the law if the person has been released prior to December 31, 2025.
The claim can be brought to the superior court of the county where the conviction took place or to Maricopa County, and notice must be sent to the Arizona Attorney General within 30 days of filing.
Gilbert Residents: How Defending Yourself Today Will Help Protect You in the Future
SB1500 marks an amazing accomplishment. But it also serves as a reminder that prevention is the best policy when it comes to avoiding a potential wrongful conviction.
There is always room for error when dealing with evidence and witness testimony. There may be cases where charges are laid too early before all the facts of the case are known.
And once a conviction has been recorded, whether wrongful or not, the process of overturning it can be lengthy, difficult, and uncertain. Even with the passing of SB1500, there is still the fact that criteria for compensation are tough to meet.
This is why having the best Gilbert criminal defense lawyer by your side is essential. We can help you avoid a conviction. And if you were wrongfully convicted, someone on our Gilbert appeals attorney team can fight for your wrongful conviction compensation in AZ.
Another Useful Tool – Getting Your Criminal Record Set Aside in Gilbert
If you live in Gilbert and your situation doesn’t fall within SB1500’s strict definition, you may want to consider the state of Arizona’s provision for setting aside your conviction under A.R.S. § 13-905.
A criminal record being set aside won’t get rid of your conviction, but it’ll relieve you of any penalties connected with your criminal background. Also, it’ll inform prospective employers, landlords, etc., that you’ve paid for your mistake.
Here to Help You Under Arizona SB1500
Lerner and Rowe Law Group believes that justice must prevail and that someone needs to be there for those who are facing a wrongful conviction. Our dedicated team of Gilbert criminal defense lawyers is here with you every step of the way, fighting to ensure your voice is heard.
To get started with us today, you can simply give us a call, fill out our convenient online contact form, or use our LiveChat service. Our team is always standing by and ready to help, and your first consultation is free.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.