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Post-Conviction

As soon as a person is convicted of a crime, such as driving under the influence of drugs, has exhausted his appeal rights, he may, in a few situations, apply for relief from his conviction or sentence through one of the following post-conviction remedies, depending if it is a state or federal conviction.

A person who is charged of a first DUI in federal court can file Motion to Vacate Conviction and/or Sentence that asks for a new trial or sentencing because she believes his conviction or sentence is unconstitutional or because she got ineffective assistance of counsel.

This request is brought in the federal court where the conviction originally took place so that the post-conviction relief process can start. If you believe a family member is incarcerated under an unconstitutional conviction or because he got ineffective help of counsel, you should act right away with post-conviction because there are strict time limits for filing a Motion to Vacate Conviction and/or Sentence.

If a Motion to Vacate Conviction and/or Sentence is not accepted, you can appeal to the proper United States Court of Appeals. If you believe a loved one has a post-conviction case in your state, please contact one of our felony expungement lawyers.
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