| State | Standard of proof | Innocent owner burden for property recovery | Financial incentive for the government |
| Alabama | Prosecutors need to prove by preponderance of the evidence that the property is connected to a crime. | Prosecutors need to prove that a 3rd party owner knew about the criminal use of their property. | All proceeds go to law enforcement. |
| Alaska | Property owner needs to prove by preponderance of the evidence that the property at stake is not connected to a crime. | 3rd party owners need to prove their own innocence. | Up to 75% of proceeds go to law enforcement, and 100% for non-monetary property worth $5,000 or less. |
| Arizona | With limited exceptions, an owner of the property must first be convicted. Then, prosecutors must link to property to the crime by clear and convincing evidence. | Prosecutors need to prove by clear and convincing evidence that a 3rd party owner knew about the criminal use of their property. | 34% of proceeds used to pay law enforcement and prosecutor personnel, 3% to community programs and donations, 1% to victim restitution. Attorney General's Office is banned from paying salaries with money in the anti-racketeering fund. |
| Arkansas | Conviction of "person from whom the property was seized" required, but conviction of the property owner is not required. Requirement can be waived if person does not contest forfeiture or agrees to help investigators in exchange for immunity. Preponderance of the evidence after the conviction provision is met. | 3rd party owners need to prove their own innocence. | 80% of proceeds up to $250,000 from a single forfeiture go to police and prosecutors 20% to the state's Crime Lab Equipment Fund.Any amount above $250,000 goes to a special non-law enforcement fund. |
| California | Cash below $40,000: Conviction of "a defendant" required, which may or may not be the owner, but only applies if an owner contests forfeiture. Property must be linked to the crime beyond reasonable doubt after conviction.Cash above $40,000: Clear and convincing evidence if contested.Uncontested forfeiture: Prima facie case that property is subject to forfeiture. | Government must prove that third-party owners knew about criminal activity connected to their property. | 65% proceeds go to police, 10% to prosecutors, 1% to fund controlled by a prosecutors’ trade association. |
| Colorado | Prosecutors required to provide clear and convincing evidence that property is connected to a crime. | Government must prove that third-party owners knew about criminal activity connected to their property. | 50% directly to law enforcement, 25% to law enforcement community services fund, 25% to drug rehabilitation programs. |
| Connecticut | "A person" needs to be convicted in cases involving drugs, identity theft, and sex trafficking. The property owner needs to be convicted for all other crimes. Property must be linked to the crime by clear and convincing evidence following conviction in all cases. | Government must prove that third-party owners knew about criminal activity connected to their property. | of proceeds go to police and 10% to prosecutors in drug cases. None in all other cases. |
| Delaware | Property owner needs to prove by preponderance of the evidence that the property at stake is not connected to a crime once seizure happened. | 3rd party owners need to prove their own innocence. | Up to 100% of proceeds go to law enforcement. |
| District of Columbia | Prosecutors required to provide clear and convincing evidence in cases involving motor vehicles, real property or currency up one thousand dollars. Conviction of the owner required when a person's primary residence is at stake. Preponderance of the evidence for cases involving any other property. | Government must prove that third-party owners knew about criminal activity connected to their property. | All proceeds go to the general fund. |
| Florida | Prosecutor required to prove beyond a reasonable doubt that the property at stake is connected to a crime. | Government must prove that third-party owners knew about criminal activity connected to their property. | Up to 75% of proceeds go to law enforcement. Equitable sharing between state and federal agencies is allowed. |
| Georgia | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. In cases involving jointly owned vehicles, innocent owner claims are not allowed. | Up to 100% of proceeds go to law enforcement. |
| Hawaii | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | 25% to police, 25% to prosecutors and 50% to the attorney general for law enforcement projects, up to $3 million per year. |
| Idaho | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | Up to 100% of proceeds go to law enforcement. |
| Illinois | In general, prosecutors are required to prove by preponderance of the evidence. Prosecutors required to provide clear and convincing evidence if a related criminal case results in acquittal or non-indictment.Ban on forfeitures for currency under $100 in non-drug cases, $500 for drug cases. | 3rd party owners need to prove their own innocence at pretrial hearings in order to recover the property. | 90% of proceeds go to law enforcement. |
| Indiana | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence, unless the case involves vehicles or recording equipment alleged used in sex crimes, in which case, the government bears the burden of proof. | Up to 93% of proceeds go to law enforcement. |
| Iowa | Conviction of "a person" required for property valued at or below $5,000, and only applies if the property owner contests forfeiture. Once a person is convicted, the property must be linked to the crime by clear and convincing evidence. | In general, the government must prove third-party owners knew about criminal activity connected to their property, but the owner bears the burden in drug cases involving property valued above $50,000. | All proceeds go to law enforcement. |
| Kansas | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | All proceeds go to law enforcement. |
| Kentucky | Cases not involving real property: Prosecutors must prove "slight evidence of traceability" to a crime, a standard considered to be akin to probable cause, and the owner must prove by clear and convincing evidence that the property in question is not connected to a crimeCases involving real property: Prosecutors required to provide clear and convincing evidence. | 3rd party owners need to prove their own innocence, unless real property is at stake. | 85% to the seizing agencies, 15% to the Office of the Attorney General or the Prosecutors Advisory Council. |
| Louisiana | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | 60% to the seizing agencies, 20% to the prosecuting district attorneys’ offices, 20% to the criminal court fund. |
| Maine | Criminal forfeiture only. | 3rd party owners need to prove their own innocence, unless a family's primary residence is at stake. | All proceeds go to the General Fund unless another transfer is approved. However, there are allegations that the law is not being followed by law enforcement agencies within the state. |
| Maryland | Prosecutors required to provide clear and convincing evidence that the property is connected to a crime. When a family's primary residence is at stake, the owner (or owners, if they are a married couple) must be convicted. | Unless the case involves vehicles, real property, or property related to drug transactions, 3rd party owners need to prove their own innocence. | All proceeds go to the state's General Fund, or the General Fund of the local governing body. |
| Massachusetts | Prosecutors required to show probable cause that the property is connected to a crime. | 3rd party owners need to prove their own innocence. | Up to 100% of the proceeds go to law enforcement. |
| Michigan | Conviction of "a defendant" required. It only applies if the property owner contests forfeiture, and does not apply to cash above $50,000. Once a defendant is convicted, the property must be linked to a drug crime by clear and convincing evidence, or to any other crime via preponderance of the evidence. | The government must prove 3rd party owners knew about criminal activity connected to their property, except in drug cases involving property valued above $50,000, when the owner will bear the burden of proof. But lack of knowledge of the criminal activity has been held not to be a defense. See Bennis v. Michigan. | All proceeds go to law enforcement in drug cases, 75% in other cases. |
| Minnesota | Conviction of "a person" required. It only applies to judicial forfeitures, requires the property owner to contest the forfeiture if it involves property worth less than $50,000, and does not apply to a person who has agreed to help investigators in a bid to avoid criminal charges. Once a person is convicted, the property must be linked to a drug crime by clear and convincing evidence. | 3rd party owners need to prove their own innocence. | 90% of proceeds go to law enforcement for all cases not involving prostitution or human trafficking or DWI. All proceeds go to law enforcement in DWI cases, and 60% of proceeds go to law enforcement in cases involving prostitution or human trafficking. |
| Mississippi | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | The government must prove 3rd party owners knew about criminal activity connected to their property. | 80% of proceeds go to law enforcement when only one agency participated in the forfeiture. 100% in all other cases. |
| Missouri | Conviction of the owner is required, even in cases where the forfeiture is uncontested. Once the owner is convicted, the property must be linked to the crime via preponderance of the evidence. | 3rd party owners need to prove their own innocence. | All proceeds are used to fund schools. |
| Montana | Conviction of the owner is required in criminal proceeding held in conjunction with forfeiture action. Once the owner is convicted, the property must be linked to the crime via clear and convincing evidence. | The government must prove 3rd party owners knew about criminal activity connected to their property. | Up to 100% of proceeds go to law enforcement, but annual proceeds to state agencies above $125,000 are split in half between the general fund and a state forfeiture fund. |
| Nebraska | Criminal forfeiture only. | 3rd party owners need to prove their own innocence. | 50% of proceeds go to law enforcement. |
| Nevada | Prosecutors required to provide clear and convincing evidence that property is connected to a crime. | 3rd party owners need to prove their own innocence. | Up to 100% of proceeds go to law enforcement. At the end of the fiscal year, however, 70% of any amount above $100,000 will go to school funding in the judicial district where the property was seized. |
| New Hampshire | Conviction of the owner required, but owner is required to prove innocence. Legal burden of proof following conviction of the owner is not clear. | 3rd party owners need to prove their own innocence. | 45% of proceeds go to local law enforcement, up to $225,000 from a single forfeiture, and another 45% to a state drug forfeiture fund. Any amount above $1 million in the state drug forfeiture fund goes to the General Fund. |
| New Jersey | Criminal conviction required, but only to contested forfeitures of cash worth less than $1,000, or other property worth less than $10,000. Once a conviction is obtained, the property must be linked to the crime via preponderance of the evidence. Forfeiture is precluded if criminal charges related to the property seizure are never filed against a person, or prosecutors fail to establish the person’s criminal culpability. | 3rd party owners need to prove their own innocence. | 100% of proceeds go to law enforcement when a forfeiture is pursued by local agencies. Number drops to 95% when a forfeiture is pursued by the attorney general. |
| New Mexico | Criminal forfeiture only. | The government must prove via clear and convincing evidence that 3rd party owners knew about criminal activity connected to their property. | All proceeds, except an amount that is retained to cover various related expenses, go to the General Fund. |
| New York | In drug cases, prosecutors are required to provide clear and convincing evidence that a crime took place. Beyond that, they must also prove that the property is connected to the crime via preponderance of the evidence. A conviction provision that is described as "very weak" also applies to non-drug cases. | The government must prove that 3rd party owners knew about criminal activity connected to their property. | 60% of proceeds go to law enforcement. |
| North Carolina | Criminal forfeiture only in general, but in cases involving racketeering, prosecutors can pursue civil forfeiture, where they must prove by preponderance of the evidence that the property is connected to a crime. | 3rd party owners need to prove their own innocence in racketeering cases | All proceeds are used to fund schools. |
| North Dakota | Conviction of the property owner is required, but the property owner is required to contest the forfeiture. Conviction provision does not apply if the owner agreed to help investigators in exchange for immunity or a reduced sentence. Once the owner is convicted, the property must be linked to the crime via clear and convincing evidence. If the property at stake can be connected to a crime beyond a reasonable doubt, the conviction provision is waived. | 3rd party owners need to prove their own innocence in racketeering cases | All proceeds go to law enforcement, but any amount above $200,000 in the government’s forfeiture account over any two-year budget period will go to the General Fund. |
| Ohio | Prosecutors required to provide clear and convincing evidence that the property in question is connected to a crime. | 3rd party owners need to prove their own innocence, except in cases involving legally titled or registered property, as well as property valued at over $15,000. In those cases, the burden of proof rests with the government. | Up to 100% of proceeds go to law enforcement, 90% for juvenile cases. |
| Oklahoma | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | Up to 100% of proceeds go to law enforcement. Abusive use of forfeiture funds have been documented, including prosecutors using the proceeds to pay off student loans and living in seized houses rent free. |
| Oregon | Conviction of "a person" required, but this only applies when the property owner contests the forfeiture. Once a person is convicted, the property must be linked to the crime via preponderance of the evidence, and clear and convincing evidence in cases involving real property. | The government must prove that 3rd party owners knew about criminal activity connected to their property, except in cases where cash, weapons or negotiable instruments were found near drugs. In those cases, the burden of proof falls on the owner. | of proceeds go to law enforcement when local agencies pursued the forfeiture, 47% when the state is pursuing the forfeiture. |
| Pennsylvania | Prosecutors required to provide clear and convincing evidence that property is connected to a crime. | The government must prove that 3rd party owners knew about criminal activity connected to their property. | All proceeds go to law enforcement. |
| Rhode Island | Owner of property must prove via preponderance of the evidence that property is not connected to a crime. | 3rd party owners need to prove their own innocence. | 90% of proceeds go to law enforcement. |
| South Carolina | Owner of property must prove via preponderance of the evidence that property is not connected to a crime. | 3rd party owners need to prove their own innocence. | 75% of proceeds go to police, 20% of proceeds go to prosecutors. |
| South Dakota | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | All proceeds go to the state Attorney General's Drug Control Fund. From there, funds are given out to police for drug enforcement efforts. |
| Tennessee | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence in cases involving vehicles. For all other cases, the government must prove that 3rd party owners knew about criminal activity connected to their property. | Up to 100% of proceeds go to law enforcement. |
| Texas | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | In cases where property is forfeited by default, up to 70% of proceeds go to law enforcement. In cases where forfeiture is contested, up to 100% of proceeds go to law enforcement. |
| Utah | Prosecutors required to provide clear and convincing evidence that property is connected to a crime. | The government must prove that 3rd party owners knew about criminal activity connected to their property. | All proceeds go to law enforcement. |
| Vermont | Conviction of "a person" required, but this only applies when the property owner contests the forfeiture. Once a person is convicted, the property must be linked to the crime via clear and convincing evidence. | 3rd party owners need to prove their own innocence. | 45% of proceeds go to law enforcement. |
| Virginia | Conviction provision in place, but owner is not required to be convicted, and the provision only applies when the property owner contests the forfeiture. Once the conviction provision is met, the property must be linked to the crime via clear and convincing evidence. | 3rd party owners need to prove their own innocence. | 90% to the seizing agencies, 10% to the Department of Criminal Justice Services. |
| Washington | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | 90% of proceeds go to law enforcement. |
| West Virginia | Prosecutors required to prove by preponderance of the evidence that the property at stake is connected to a crime. | 3rd party owners need to prove their own innocence. | All proceeds go to law enforcement. |
