Can a conviction be overturned? -

Criminal convictions have the ability to affect every area of a person’s life for a long time after they have served their time for the crime they were convicted of. The fact that a person was convicted of a crime in any way can stop them from finding employment, obtaining housing, getting certified for professional jobs, and can also negatively affect the person’s good name.

Is your conviction wrongful? For example, did it result because of a legal error or constitutional violation? Is there newly discovered evidence which would likely change the result of your case?

Can a conviction be overturned?

Yes. A convicted defendant may have an opportunity to have their conviction overturned through an appeal, or other forms of post-conviction relief available to citizens in Washington.

If you or a loved one has been convicted of a crime in Vancouver, WA or in Clark County, knowing your rights and the options available to you quickly is crucial.

What Does It Mean to Overturn a Conviction?

“Overturning” a conviction means to reverse a criminal conviction in a court of law. That can happen in the form of reversing a conviction, granting a new trial, vacating a judgment, withdrawing a guilty plea, dismissing a case, or re-sentencing a defendant.

Depending on the specific fact(s) of a conviction, a successful challenge may result in:

A conviction being reversed
A new trial
A judgment being vacated
A guilty plea being withdrawn
A case being dismissed
A new sentencing proceeding
Other post-conviction relief

There are various ways a conviction could be overturned depending on the error in law that occurred.

A criminal conviction is not automatically overturned because the defendant says the verdict was wrong. The defendant must establish a valid reason for reversal of the conviction.

How Can a Criminal Conviction Be Challenged?

Challenging a Criminal Conviction in Washington.

A direct appeal as opposed to post-conviction relief.

Direct Appeal

A direct appeal challenges legal errors that occurred during the criminal case.

For example, an appeal may raise an issue involving:

Improper admission or exclusion of evidence
Incorrect interpretation of the law
Improper jury instructions
Constitutional violations
Errors in sentencing
Other legal errors that affected the proceedings

Typically, an appeal is not a new trial. Instead, the party appeals from the decision of the lower court and the matter is decided on the papers submitted by the parties to the appellate court, which decides whether there was reversible error of law in the decision of the lower court.

There is specific legislation concerning criminal appeals. There are also specific Washington court rules concerning the criminal appeals process.

What Is Post-Conviction Relief?

Post-conviction relief is different from a direct appeal.

However, there are many grounds that can be used to challenge a conviction in a post-conviction relief proceeding. Importantly, many of the issues that can be raised in such a proceeding cannot properly be raised in a direct appeal from the conviction.

Washington law recognizes several forms of collateral attack including:

Personal restraint petitions
Habeas corpus petitions
Motions to vacate a judgment
Motions to withdraw a guilty plea
Motions for a new trial
Motions to arrest judgment

Washington’s statute sets a one-year time period to file a collateral attack after the judgment and sentence in the case has become final.

These time limits are often difficult to adhere to, and if you are considering post-conviction relief, you should speak with an attorney as soon as possible.

What are the grounds to attack a conviction?

The above grounds for post-conviction relief are generally applicable, but may not apply in every case.

Potential grounds may include:

Newly Discovered Evidence

New evidence may sometimes support post-conviction relief.

Washington recognizes an exception to the one-year rule for claims filed on the basis of newly discovered evidence, provided the defendant acted with reasonable diligence to first discover and present such evidence.

Examples could include evidence that:

Was unavailable during trial
Was improperly withheld
Could materially affect the verdict
Changes the understanding of important facts

Not every piece of newly discovered information qualifies.

The evidence must satisfy the applicable legal requirements.

Constitutional Violations

A conviction may be reversed on a number of grounds including because a constitutional right of the defendant has been violated.

Potential issues can involve:

Right to counsel
Due process
Unlawful searches or seizures
Right to a fair trial
Right to confront witnesses
Self-incrimination
Other constitutional protections

Whether a constitutional violation affords relief depends upon the specific facts and procedural history of the case.

Insufficient Evidence

A criminal conviction can be attacked by a defendant on the grounds that the evidence which was introduced against him was not sufficient to prove his guilt to the required degree.

Washington law has identified several situations where the one-year limit for collateral attack does not apply, including instances where the conviction was based on a not-guilty plea and there was insufficient evidence to support the conviction.

However, in order to reverse a conviction based on conflicting evidence, the defendant cannot merely state that he believes he was innocent, but rather there must be some flaw in the proceedings which caused the jury to mistakenly convict the defendant.

The standard to overturn a conviction for insufficent evidence is more specific.

Ineffective Assistance of Counsel

A defendant may have a right to have their conviction vacated if he or she received ineffective assistance of counsel as guaranteed by the Constitution.

Examples can potentially include serious failures involving:

Investigation
Legal advice
Witnesses
Evidence
Plea negotiations
Trial strategy
Advising a defendant about important legal consequences

However, every mistake by the defense counsel does not amount to ineffectiveness of counsel.

When a lawyer’s behavior fails to meet certain standards, a court examines the specifics of the circumstances.

An Unlawful Guilty Plea

While it is possible to challenge a conviction entered by an unlawful guilty plea, there are issues that must be satisfied before a persons’ rights will be restored.

Examples of these issues are:

Understood the charges
Understood important consequences
Entered the plea voluntarily
Received legally adequate advice
Had effective assistance of counsel

Pleading guilty in a case does not mean that all possible legal claims have been waived by the defendant. Such issues are determined on a case by case basis and are subject to time limitations.

Can a Sex Crime Conviction Be Overturned?

Potentially.

Criminal convictions for sex offenses carry very serious consequences. A person can be sentenced to prison, be placed on probation or supervision, required to register as a sex offender and experience other severe consequences. The same criminal conviction can have further serious consequences affecting a person’s employment and where they can live.

Even though a person has been convicted of a sex offense, sometimes those convictions can be attacked on appeal or even after the conviction has long since passed.

The analysis may involve:

Trial errors
Constitutional violations
Evidentiary issues
Jury instructions
Insufficient evidence
Newly discovered evidence
Ineffective assistance of counsel
Problems involving a guilty plea
Sentencing errors

Just because something new emerges about a sex crime conviction, it does not automatically become reversible. You need to look at the evidence in the case and the legal circumstances surrounding the case and see if they meet the requirements for relief.

What Happens During a Criminal Appeal?

Most important, an appeal is a review of the legal record from your trial.

Your appellate attorney may:

Review the trial court record.
Identify potential legal errors.
Determine which issues can be raised on appeal.
Research applicable Washington law.
Prepare appellate briefs.
Respond to the prosecution’s arguments.
Present oral argument when appropriate.
Await the appellate court’s decision.

Whether the conviction is upheld or relief is granted, it will be based upon the applicable law as set forth by the State of Washington.

Can You Get a New Trial?

In some circumstances, yes.

A new trial may be ordered if there was a legally significant error and the appropriate legal requirements for a new trial are met.

This is not to say that the defendant is automatically found innocent as a result of the new trial; merely that the case is sent back to the original trial where the defendant is given the opportunity to prove guilt or innocence.

If the case is reversed, it will go back to trial and the prosecutor will have to try the case again according to the orders of the court and the applicable law.

Can a Conviction Be Vacated?

Yes, but vacating a conviction is not the same as winning an appeal.

Many of these convictions can be vacated, and the procedures to vacate felony, and misdemeanor and gross misdemeanor convictions are defined by statute and set out on specific forms.

Forms and information on how to vacate a felony conviction and a misdemeanor or gross misdemeanor conviction are found on the following web pages:

It is best to have your conviction reviewed by an attorney before assuming it can be vacated.

Is this an Appeal or Post-Conviction Relief to Vacate?

It is also important to note that the terms “appeal”, “post-conviction relief” and “vacation” have different meanings and different consequences and eligibility.

Appeal

An appeal is generally argued on the grounds that the lower court (such as a trial court) made a legal error.

Post-Conviction Relief

As opposed to an appeal which challenges the lower court’s legal error(s) after a trial, post-conviction relief proceedings challenge a conviction/sentence given at sentencing after the trial.

Vacation

When a felony has been vacated, it is set aside in accordance with the statutes that allowed for the vacation in the first place.

The consequences and eligibility requirements can differ significantly.

As for sealing, expungement, and even vacation of criminal records, all are treated differently when it comes to the impact said records will have in the future.

Does Vacating a Conviction Erase the Criminal Record?

Not necessarily in the way people often assume.

That whilst sealing, expungement and vacation of criminal convictions all relate to the vacation of criminal convictions, that there are different processes and that even in cases where a conviction has been vacated that conviction can remain searchable on certain court systems’ computer records.

However, for some qualifying misdemeanor offenses, there are significant legal consequences even after the conviction has been vacated including the ability to in certain situations state that the person has never been convicted of the misdemeanor offense.

Importantly, the effects of a vacated conviction will vary as a function of the specific underlying statute(s) and the type of conviction for which relief is sought. Therefore, it is very important that an attorney first review a client’s criminal record to determine whether a vacation of conviction would have the desired effects for a client’s employment, housing, etc., licenses, immigration, etc. matters.

Is there a time limit to challenge a conviction?

Yes.

Deadlines to file a collateral attack are critical to allow for the attack to be filed.

In Washington, generally a collateral attack may only be brought within one year after the final judgment in the case has become final when the statutory conditions are met.

However, Washington law provides exceptions to that one-year limitation for specific circumstances, including certain claims involving:

Newly discovered evidence
Unconstitutional statutes
Double jeopardy
Insufficient evidence after a not-guilty plea
A sentence exceeding the court’s jurisdiction
Certain significant changes in the law

These exceptions have their own requirements.

You should not assume that a deadline has passed or that an exception to the one-year limitation period will apply. We recommend that you seek the advice of an experienced criminal appeals attorney.

What If Your Appeal Was Already Denied?

Just because an appeal is denied, does not mean all is lost.

Depending on the circumstances, additional post-conviction options may be available.

Again, while there are repeated exceptions to procedural bars, successive post-conviction petitions are strictly governed by rules and limitations. Moreover, Washington has specific rules governing successive post-conviction petitions and their merit.

What Evidence Should You Give Your Attorney?

If you are considering filing an appeal or other post-conviction relief challenge to your criminal conviction, gather the following evidence from the original case.

Useful materials may include:

Judgment and sentence
Charging documents
Plea agreement
Plea hearing records
Trial transcripts
Sentencing transcripts
Police reports
Discovery materials
Evidence from the original case
Previous appellate decisions
Court orders
Prior motions
Correspondence with previous counsel

Your attorney will decide what documents are relevant to the newly laid grounds of appeal and what further documentation may be required.

What Should You Do If You Believe You Were Wrongfully Convicted?

Don’t Attempt to Solve the Problem Yourself!

Instead:

Preserve Your Records

Keep all copies of documents such as court papers, correspondence, and evidence relating to your case.

Do Not Destroy Evidence

Do not destroy any evidence such as emails, documents, photos or any other material that may be relevant to your case.

Avoid Public Discussions

Social media posts and public statements regarding your case could create additional issues for you.

Speak With a Criminal Defense Attorney

Your lawyer will explore possibilities of an appeal or post-conviction relief including a petition, motion to vacate or other remedies.

Act Quickly

Don’t wait, as there are often key deadlines that can prevent you from pursuing relief once they have passed.

How Mcaleer Law Can Help

Challenging a criminal conviction requires more than just stating that the outcome of the case was unfair.

An experienced Vancouver criminal defense lawyer will thoroughly explore the facts and circumstances of your case to identify whether any grounds exist to challenge your criminal conviction.

Mcaleer Law can review issues involving:

Criminal convictions
Appeals
Post-conviction relief
Guilty pleas
Sentencing issues
Constitutional violations
Newly discovered evidence
Ineffective assistance of counsel
Sex crime convictions
Serious felony convictions

The best legal strategy depends upon the facts of your case, the time elapsed since the judgment became final, whether or not previously raised issues were decided, and whether or not you have newly discovered evidence or other evidence that had not previously been included in your defense.

Can a Conviction Be Overturned? Frequently Asked Questions

Can any criminal conviction be overturned?

A conviction can not be overturned at a whim. Rather, a conviction can only be challenged through certain avenues of relief and only upon grounds that make CABinations to go through the exercise in order to reach a proper determination.

Can a conviction be overturned because new evidence was discovered?

Possible. Discovery of new information is mentioned as one basis for certain kinds of post-conviction relief in Washington, but there are many requirements which must be met.

Can ineffective assistance of counsel overturn a conviction?

Yes, depending on the facts and the legal issue that is presented.

Can I appeal after pleading guilty?

Note that a guilty plea can significantly limit the right to appeal in certain circumstances, but does not preclude all forms of relief, depending on the nature of the guilty plea and the error underlying the claim.

Can a conviction be overturned years later?

Sometimes. Most post-conviction relief must be filed within statutory time limits; however, there are some exceptions that allow late filing in certain situations.

Is vacating a conviction the same as overturning it?

Different. An appeal, a post-conviction claim and a statute authorized vacation of a conviction all have different purposes. Moreover, each has different legal effects.

Can a felony conviction be vacated in Washington?

For felony convictions, there are specific procedures outlined by the Washington courts to vacate a felony conviction under certain circumstances and following specific statutory requirements.

Talk to a Vancouver, WA Criminal Defense Attorney

Do you think your criminal conviction was caused by an error in the law, a constitutional violation, newly discovered evidence or some other problem?

However, proceedings to attack convictions are restricted by deadlines and limited to specific instances where relief may be granted.

Consulting with a defense attorney who practices in the area where the conviction occurred is the first step to determining whether an appeal or post-conviction challenge can be filed.

Take the Next Step

Contact Us. A Vancouver, WA Criminal Defense Attorney that will review your conviction with you and explain the options available to you for an appeal or post-conviction challenge or other relief available by statute.