Post Conviction
Once an individual is convicted of a crime, such as drinking and driving, has exhausted his appeal rights, he may, in limited situations, apply for relief from his conviction or sentence through one of the following post-conviction remedies, depending upon whether it is a state or federal conviction.
A person who is charged of a crime in federal court may file a post-conviction motion to vacate conviction and/or Sentence requesting a new trial or sentencing because he believes his conviction or sentence is unconstitutional or because he received ineffective assistance of counsel. Post-conviction should be brought in the federal court where the conviction took place.
If you believe a loved one is incarcerated under an unconstitutional conviction or because he received ineffective help of counsel, you should act immediately because there are strict time restrictions for filing a post-conviction motion to Vacate Conviction and/or Sentence. If a Motion to Vacate Conviction and/or Sentence is denied, you can appeal to the appropriate United States Court of Appeals. If you believe a loved one has a case in your state, please contact one of our expungement lawyers.
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