How Can I Get a Conviction Vacated?

If you or a loved one were charged with a crime unfairly, you should work with a law firm to defend your rights and have your conviction vacated. You can vacate a conviction even after you have served your sentence, which can bring you a lot of benefits.

From a legal standpoint, when you vacate a conviction, it is as if you were never convicted of your sentence. It’s kind of like expunging records because both deal with changing or deleting criminal records. But there are important differences. Expungement is mainly for people who were arrested but not convicted. On the other hand, vacating a conviction is for those who were already found guilty of a crime, often a smaller or bigger one. If you’re unsure about these, you can call this expungement lawyer. They’ll explain the clear differences and help you figure out which one is the better fit for your situation.

When you work closely with a criminal defense law firm, you can have your conviction vacated through several means. One common way to do so is to meet the criteria specific to your case to eliminate your conviction from your records. Here is what you should know.

Clearing Your Records

The process of having a conviction vacated differs from case to case. Still, when you work with a criminal defense lawyer, you might prove that an error in your original trial was present, affecting your case’s outcome. To overturn a conviction, a defendant must proceed with the post-conviction relief motion. You can appeal your conviction and file a motion to either vacate, set aside, or even change your sentencing for different reasons.

Among the most common ways to do so is by proving that inadmissible evidence was used in your trial or that some evidence that shouldn’t have been excluded was, in fact, admissible in court. In other instances, defendants can prove that their state or federal rights were violated or that police/prosecution misconduct was present.

If you file a motion to vacate your conviction within two years after taking a plea deal, you have even higher chances of clearing your records.

If you didn’t have a lawyer by your side when you pleaded, or if you didn’t waive your rights to a lawyer at that moment, then you also have a good chance of vacating your conviction. In another scenario, defendants should also file a motion to overturn their conviction when new evidence is discovered that might impact their case and prove their innocence.

All of these reasons are valid and will stand up in court issues, allowing defendants to fight for their rights and ensure that the justice system operates properly. Working closely with a criminal defense lawyer will ensure that you take every step possible to defend your rights and clear your name. It is vital to have your records cleared, especially if you are a Florida citizen.

Why You Should Try to Overturn a Conviction

When you are charged and convicted in Florida, it can follow you for the rest of your life. Even if you served time for your conviction, you should still try to vacate it to clear your records. Having a clean record will help you have a better background when it comes to employment or getting back your rights to obtain government assistance, the ability to vote, or having your driving privileges reinstated. But there is more.

No matter how well friends or family trust and respect you, the moment you are convicted of a crime, something surely changes in how they view you, and your relationships might never be the same. However, if you overturn a conviction, you restore your reputation, which will help you rebuild your life after sentencing.

Yet, you should be aware that if your motion fails, you might face another sentence, but this rarely happens. The best way to tell if you have a high chance of overturning your conviction is to contact a good criminal defense lawyer and have your case reviewed. They can also help you with any questions you might have about your situation.

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