Post-conviction Relief

As the world gets smaller and technology makes our private life more public, a past criminal conviction can become a future obstacle. While past convictions cannot be completely erased, the law provides important ways to limit the impact that a prior arrest and/or conviction may have on an individual’s future. It is possible that a prior conviction can be relieved – and sometimes destroyed altogether. This area of law is commonly referred to as post-conviction relief, or post-judgment relief.

Ultimately post-conviction relief is a way to clear a criminal record by dismissing the case, limiting public access to the records regarding the arrest and conviction, or alleviating certain consequences associated with the conviction. A good criminal defense attorney can quickly assess the best option in each individual case.

Post-conviction relief is of critical importance to anyone who has been convicted of a criminal offense and is interested in cleaning up his or her criminal record. A criminal record is like a credit report and can often be accessed by others. Anyone with a criminal offense in their past knows that the punishments resulting from the conviction go beyond fines, probation and jail time. A prior conviction can have a negative impact on employment opportunities, educational goals, and self-confidence.

There are several common forms of post-conviction, or post-judgment, relief available including: expungement, sealing and destruction of records, reduction of felony to misdemeanor, and certificates of rehabilitation and/or pardon.

Expungement is the most common option for people who have prior misdemeanor and certain felony convictions on their criminal record. Expungement is essentially a dismissal of the conviction after the probationary period ends and is a requirement for many employers and professional licensing boards.

In certain circumstances arrest records and even prior conviction records can be sealed and ultimately destroyed. If records are sealed then the arrest is deemed to have never occurred and public access is limited. Requests for sealing are not granted in all cases, but are commonly granted in cases where an arrest did not result in conviction or in juvenile court cases.

Some felonies can be reduced to misdemeanors, even after a conviction. This is typically done in connection with expungement. Reducing a felony to a misdemeanor helps clean up a criminal record. More serious felonies may require a gubernatorial pardon. Requests for pardons can be made directly to the governor or following an approved Certificate of Rehabilitation. Certificates of Rehabilitation are approved by a judge. The approved certificate is then sent to the governor as an application for pardon. If granted, a pardon will restore most disabilities associated with a prior conviction, including restoration of gun possession rights and relief from sex offender registration.

Most forms of post-conviction relief, including expungement, sealing and destroying records or vacating convictions, require a judge’s approval. Other types of relief are less complicated and may even occur automatically – for example, destruction of minor misdemeanor marijuana records. A direct pardon however, requires an application to the governor.

Almost everyone with a criminal conviction can benefit from post-conviction relief. A caring attorney at The Kavinoky Law Firm can help to determine which form of post-conviction relief is best. Contact a skilled defense lawyer today for a free consultation.