A criminal conviction, regardless of its nature, can be an overwhelming experience. You might believe the legal process is over, but that may not always be true. U.S. law, including Hawaii’s, offers options for defendants even after a conviction.
Your attorney can file an appeal
An appeal challenges the trial court’s decisions on legal matters. Your attorney can argue that errors were made during the proceeding, including improper jury instructions, exclusion of crucial evidence or mistakes in applying the law. If the appeals court finds merit in your arguments, they can overturn the conviction, order a new trial or modify the sentence.
Post-conviction relief (PCR) can be possible
Even after exhausting your appeals, motions for post-conviction relief can still allow you to challenge your conviction, often through a habeas corpus or personal restraint petition. These motions have strict deadlines and specific requirements, so seeking legal advice promptly is essential.
You can file for expungement and sealing
A criminal record can create lasting difficulties even after you complete your sentence. Hawaii’s state laws allow for the expungement of certain convictions under specific conditions. This process seals your record, making it invisible to most background checks.
A conviction is a serious setback, but you have options
A conviction can have a ripple effect beyond your sentence. This is why it is imperative to understand your legal options. Each has strict deadlines and missing them can permanently bar you from seeking relief. Strong legal counsel can help ensure this does not happen to you and mitigate the consequences of a conviction.