New York City Post Conviction Attorney

What Is Post Conviction Relief?

If you have been convicted of a criminal offense, it will be placed on your record and greatly affect your future. The ramifications of a criminal conviction do not end after a person finishes their sentence. Criminal convictions result in more than just jail time, fines, and probation.

Long-Term Effects of Criminal Convictions

Even after the case is closed, a conviction can affect your: 

• Immigration status
• Job prospects
• Ability to obtain certain licenses or permits
• Many other aspects of your life

Many people first realize this after the reality of that consequence comes to fruition. For non-citizens it could be placement in removal proceedings or being denied an immigration benefit, including naturalization. For government employees, teachers or those in positions of trust it could result in the automatic termination of a job. And for those seeking to make a living, it can be the barrier to entering the job market.

To decrease the extent of the negative impact a conviction has on you, there are a variety of methods of seeking post-conviction relief. Through post-conviction relief litigation, the attorneys at CFB can seek to have your conviction overturned, withdrawal of a guilty plea, or to a reduction of the conviction from a felony to a misdemeanor.

Post Conviction Relief Motions

A post-conviction relief motion (PCR motion) is a legal mechanism brought before the court seeking to vacate a conviction. A PCR motion challenging the validity of a New York State conviction is brought under Section 440 of the New York Penal Law and is commonly known as a 440 motion to vacate.

For more information about 440 motion, click here to see frequently asked questions.

A motion brought to vacate a federal court conviction is brought as a Writ of  Error Habeas Corpus or an Writ of  Error Coram Nobis.

Unlike an appeal, a PCR motion is brought before the trial court and not an appeals court. Additionally, PCR motions raise different issues than an appeal. Where an appeal asks the court to review the record of conviction for any legal errors that were made, a post-conviction relief motion raises issues that are not contained in the record. PCR litigation is an important tool for those who, despite having completed their sentence, face other devastating consequences as a result of their plea.

For example, a non-citizen who was unaware of the immigration consequences at the time he or she chose to plead guilty to an offense may have a valid PCR claim for ineffective assistance of counsel. The major case in this area is Padilla v. Kentucky.

New York Certificate of Relief From Disabilities

Convictions often come with consequences beyond the actual criminal penalty. These collateral consequences include rendering an individual ineligible for certain jobs, public housing, and licenses. Being granted a Certificate of Relief from Disabilities (CRD) is a way to alleviate some of these consequences.

An application for a CRD can be made to the judge at sentencing or while you are serving a sentence. An application can also be made to the state Department of Corrections after a sentence is served.