How Maryland Compensates the Wrongfully Convicted: The Walter Lomax Act Explained

When someone is wrongfully convicted of a crime, no amount of money can give back the years they lost. But Maryland law now requires the state to try. In 2021, state lawmakers passed the Walter Lomax Act. The law replaced a discretionary system with a clear, formula-based path to wrongfully convicted compensation in Maryland. Before that, the state’s Board of Public Works decided who got paid and how much, often slowly and inconsistently. Now, an administrative law judge runs the process, the formula is set, and benefits like housing and health care can be ordered alongside the cash award.

If you or a family member was exonerated after time in prison, this guide explains how the law works, who qualifies, and what kind of support the state may provide. The information below is general and does not replace advice from an attorney about a specific case.

What the Walter Lomax Act Changed

Before 2021, Maryland did have a way to pay people who were exonerated. But the system gave the Board of Public Works (BPW) full discretion to decide who got compensated and how much. There were no fixed standards. Awards were rare, slow, and inconsistent.

The Old System: BPW Discretion

Under the previous law, the Board of Public Works could grant or deny compensation case by case. There was no formula, no deadline, and no guarantee that an exonerated person would receive anything close to the harm they suffered.

The New System: ALJ-Driven Process

The Walter Lomax Act, signed into law by Governor Larry Hogan on April 13, 2021, fixed that gap. It took effect on July 1, 2021. It now governs every wrongful conviction compensation claim in the state.

Under the new framework, an administrative law judge (ALJ) from the Maryland Office of Administrative Hearings decides eligibility. The BPW still makes the payments. But it no longer decides who deserves them or how much they get. That decision belongs to the ALJ.

Who Was Walter Lomax?

The law is named for Walter Lomax. He spent 39 years in prison for a 1967 Baltimore murder he did not commit. He was released in 2006 and formally exonerated in 2014. After his release, Lomax founded the Maryland Restorative Justice Initiative. He spent years pushing the General Assembly to fix the state’s compensation system.

He suffered a heart attack and stroke at the State House while preparing to testify on an earlier version of the bill in 2020. He recovered, returned the next session, and testified in support of the bill that now carries his name. The Board of Public Works approved a $3 million award for Lomax. Governor Hogan later granted him a full pardon in January 2023.

Who Qualifies for Wrongfully Convicted Compensation in Maryland

Under the statute, an administrative law judge must issue an order of eligibility before any compensation is paid. There are two ways to qualify.

Pathway 1: A Full Gubernatorial Pardon

If the Governor issues a pardon stating that the conviction was “conclusively shown to be in error,” the petitioner is eligible. No further hearing on the underlying facts is needed.

Pathway 2: Clear and Convincing Evidence at a Hearing

If there is no pardon, the petitioner can still qualify. They must prove all of the following by clear and convincing evidence:

• The person was convicted, sentenced, and confined for a felony.
• The conviction was reversed or vacated. The charges were then dismissed or the person was found not guilty on retrial.
• The person did not commit the felony. The person was not an accessory or accomplice.
• The person did not commit perjury, suborn perjury, fabricate evidence, or otherwise cause their own conviction. A false confession or a guilty plea does not, by itself, count as causing the conviction.

The State’s Attorney for the county where the case was prosecuted and the Maryland Attorney General are both parties to the hearing. Either side may appeal the ALJ’s decision.

How the Compensation Is Calculated

The Walter Lomax Act ties the award amount to a clear formula.

The Daily Rate Formula

The petitioner receives the total number of days of wrongful confinement. That number is multiplied by a daily rate. The daily rate is based on Maryland’s most recent annual median household income from the American Community Survey, divided by 365.

That formula replaced the old “actual damages” standard. The amount is now predictable and based on public data.

Reductions and Offsets

If the person previously won a civil settlement or court award from the state for the same wrongful conviction, the Lomax Act award is reduced by that amount, minus attorney’s fees and costs. Periods of confinement served at the same time for a separate, lawful conviction do not count toward the day count.

Other Benefits the ALJ Can Order

In addition to the monetary award, the administrative law judge can direct state agencies to provide several non-monetary benefits free of charge. These include:

• A state identification card and other documents needed on release
• Housing assistance for up to 5 years after release
• Education, job training, vocational training, or financial literacy programs
• Health care and dental care for at least 5 years after release
• Tuition and fees at a Maryland public college, regional higher education center, or Baltimore City Community College for up to 5 years
• Reimbursement for any court fines, fees, or restitution the person already paid

Payment Timeline

Once the ALJ enters an order, the Board of Public Works has 60 days to issue the first payment. That initial payment equals one full year of Maryland’s most recent median household income. The remaining balance is paid in installments over a period not to exceed six fiscal years. The ALJ can recommend a faster schedule based on the petitioner’s circumstances.

Filing Deadlines

There are firm deadlines for filing a petition. Missing them can foreclose a claim entirely.

Standard Two-Year Deadline

For most cases, a petition must be filed with the Office of Administrative Hearings within 2 years. The clock starts on the date the Governor issued a pardon, the charges were dismissed, or the person was found not guilty on retrial.

Closed One-Time Windows

The Act also allowed people convicted, confined, and released before July 1, 2021, who had not previously been compensated, to petition by June 30, 2023. That window has now closed for new petitioners. People previously awarded compensation before July 1, 2005, were given until July 12, 2023, to request supplemental compensation.

What This Means for People Facing Maryland’s Criminal Justice System

The Walter Lomax Act did not change how someone proves their innocence. It changed what happens after the wrongful conviction is established. For families dealing with the long fight to overturn a conviction, that distinction matters. The first battle is still in court. That means criminal defense counsel, post-conviction motions, and writs of actual innocence under Criminal Procedure § 8-301.

If you are looking for information on the criminal defense process itself, you can read more about charges like violent crimes, drug crimes, weapons offenses, or expungements through the firm’s Maryland criminal defense resources.

Frequently Asked Questions

Who handles wrongful conviction compensation claims in Maryland?

An administrative law judge with the Maryland Office of Administrative Hearings decides eligibility. The Board of Public Works then issues the payments. The State’s Attorney for the prosecuting county and the Maryland Attorney General are both parties to the hearing.

How much compensation can a wrongfully convicted person receive?

The award equals the total number of days the person was wrongfully confined. That number is multiplied by a daily rate tied to Maryland’s most recent annual median household income. There is no statutory cap. Other benefits, such as housing and health care, may also be ordered.

How long does someone have to file a petition under the Walter Lomax Act?

Most petitioners have 2 years from the date of a gubernatorial pardon, dismissal of charges, or a not-guilty verdict on retrial. Cases involving older releases had separate one-time deadlines that have since closed.

Does the Walter Lomax Act apply if the conviction was based on a guilty plea or false confession?

Yes. Under the statute, a guilty plea or a confession later determined to be false does not, by itself, disqualify someone from compensation. The administrative law judge weighs all the evidence presented.

What if the wrongfully convicted person has died?

If the person is deceased, the personal representative or executor of the estate may file a petition on the individual’s behalf. An estate that meets the eligibility standard has standing to be compensated under the law.

Talk to a Waldorf Criminal Defense Attorney

The Walter Lomax Act is a significant change in how the state responds to wrongful convictions. But the path from arrest to exoneration is long and difficult. If you or a loved one is facing serious criminal charges in Maryland or Washington, DC, the choices made early in the case shape everything that comes later.

For more information or to discuss your situation, contact the Law Office of Robert Castro at (301) 870-1200.