A Savvy Family Law Attorney Will Help You Find Success!
In criminal courts, it is possible to vindicate yourself, even years after a conviction. A post-conviction appeal, will overturn a conviction and can have a significantly positive impact on your life. However, you need to understand the different methods in which you can seek a post conviction appeal. In fact, these motions for a post conviction appeal can result in a lesser charge, reduced sentence, or expunging a criminal record.
The many post conviction appeal methods can result in different levels of vindication. Expungement of a criminal record simply means that the charge is removed from public access and is to remain confidential.
This gives the accused the opportunity to seek employment without the burden of a criminal conviction. However,
law enforcement agencies will continue to have access to this portion of a person's criminal record. Furthermore, the convicted is not eligible for a record expungement if they were sentenced to jail time. For those that were incarcerated for their crime, a Certification of Rehabilitation and Pardon can clear their criminal record.
This type of motion is most often used for felony convictions, but it has many requirements in order for the convicted to receive a Certification of Rehabilitation, which works as a court recommendation for the Governor to grant a pardon. Many times this certification relieves a sex offender from the requirement to register as such in their jurisdiction. A Motion to Vacate plea is somewhat similar to the former motions because it allows the convicted to change a guilty plea.
This can have a positive impact in the event of a DUI/DWI conviction or in cases where the convicted has immigrant status in the U.S. Sometimes during criminal proceedings, the accused may enter a guilty plea based on false informationMany times, a guilty plea can jeopardize one's visa status, resulting in deportation. Likewise, a DUI conviction can jeopardize one's driving privileges. Vacating a guilty plea allows the accused to take their case to trial, where a jury can decide on their innocence or guilt.
Each of these motions will require the expertise of an appeals attorney to satisfy the court's requirements to file. This is especially true for the more complicated motions involving deportation or felony convictions. In fact, there are several post conviction appeal motions that can help your case. The others include a motion to remove computer entries, fingerprints, or photos from a case file.
Many of the other appeal motions are related to sex crimes because the requirements and restrictions will change for those who have already been convicted. For instances, the regulations for registering as a sex offender may change, which would require someone who had previously satisfied the requirements of their conviction to continue to register as a sex offender. While it is possible to navigate the court system without the help of an attorney, in criminal cases, a lawyer can have a major impact on appealing a criminal conviction.