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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How many years do you have to get a felony conviction over

Customer Question

How many years do you have to get a felony conviction over turned or to request a pardon
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


You would get one appeal by right, and it would appear that you've already lost that, unfortunately. If there are a few ways to still get your case back before the judge to overturn your conviction, but like all post-conviction remedies, the odds are very much against you that you will prevail. One way would be if there was newly discovered evidence which, had it been known at the time of your case, would have likely resulted in an acquittal. The other ways are technical and usually don't apply, such as if the statute under which you were convicted was ruled unconsitutional or if the court didn't have proper jurisdiction over the case. If there is something like that, you are not time-barred from pursing it when you discover it.

There is also no time limit to applying for a pardon from your governor. In fact, the longer you wait and the longer you stay out of trouble, the better your track record, the better the evidence of your rehabilitation, and the better your chances for success.

Customer: replied 1 year ago.
I will call you later today, it is 6:06am my time.
Expert:  Zoey_ JD replied 1 year ago.

Quite all right. It's only an hour later here, and although I can type this early, I'd just as soon not speak yet. :)

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