US Code

Public Law 119-73 (01/23/2026)

28 U.S.C. § 2513

Unjust conviction and imprisonment

(a)
section 1495 of this title Any person suing under must allege and prove that:
(1)
His conviction has been reversed or set aside on the ground that he is not guilty of the offense of which he was convicted, or on new trial or rehearing he was found not guilty of such offense, as appears from the record or certificate of the court setting aside or reversing such conviction, or that he has been pardoned upon the stated ground of innocence and unjust conviction and
(2)
He did not commit any of the acts charged or his acts, deeds, or omissions in connection with such charge constituted no offense against the United States, or any State, Territory or the District of Columbia, and he did not by misconduct or neglect cause or bring about his own prosecution.
(b)
Proof of the requisite facts shall be by a certificate of the court or pardon wherein such facts are alleged to appear, and other evidence thereof shall not be received.
(c)
No pardon or certified copy of a pardon shall be considered by the United States Court of Federal Claims unless it contains recitals that the pardon was granted after applicant had exhausted all recourse to the courts and that the time for any court to exercise its jurisdiction had expired.
(d)
The Court may permit the plaintiff to prosecute such action in forma pauperis.
(e)
The amount of damages awarded shall not exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff.

June 25, 1948, ch. 64662 Stat. 978Sept. 3, 1954, ch. 1263, § 5668 Stat. 1247Pub. L. 97–164, title I, § 139(j)(2)96 Stat. 43Pub. L. 102–572, title IX, § 902(a)(1)106 Stat. 4516Pub. L. 108–405, title IV, § 431118 Stat. 2293(, ; , ; , , ; , , ; , , .)

Historical and Revision Notes

May 24, 1938, ch. 26652 Stat. 438Based on sections 729–732 of title 18, U.S.C., 1940 ed., Crimes and Criminal Procedure (, §§ 1–4, .)

section 729 of title 18section 1495 of this titleSections 729–732 of title 18, U.S.C., 1940 ed., were consolidated and completely rewritten in order to clarify ambiguities which made the statute unworkable as enacted originally. Jurisdictional provisions of , U.S.C., 1940 ed., are incorporated in .

Changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 108–4052004—Subsec. (e). substituted “exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff” for “exceed the sum of $5,000”.

Pub. L. 102–5721992—Subsec. (c). substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 97–1641982—Subsec. (c). substituted “United States Claims Court” for “Court of Claims”.

1954—Subsec. (c). Act , substituted “considered by” for “filed with”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .