What post conviction relief remedies are there in Indiana?

For many people, facing the criminal justice system is a daunting event which might result in life-changing consequences. A conviction can mean incarceration, fines, restitution or community service. It is not uncommon for people to pursue an appeal to change a negative outcome. For many, however, appeal is not an option.

Fortunately, certain circumstances lend themselves to options collectively referred to as post-conviction relief or PCR.

In Indiana, certain circumstances might allow an individual to pursue the remedy of post conviction relief. The remedy is available under conditions where:

  • A person has been convicted of, or sentenced for, a crime by a court with specific claims such as the conviction was in violation of the Constitution of the United States or the court did not have jurisdiction to impose the sentence.
  • The remedy is not a substitute for a direct appeal from the conviction and/or the sentence.
  • A Petition for Post-Conviction Relief can be filed by a person who has been convicted or sentenced for a crime and is seeking forensic DNA testing or analysis of any evidence.
  • A petition seeking to present new evidence challenging the person’s guilt or the appropriateness of the person’s sentence is considered a Successive Petition for Post-Conviction Relief.

Additionally, options such as expungement, modification and alternative misdemeanor sentencing (AMS) exist to minimize the damage that a criminal conviction can do in your life. To learn more about your legal options, it is important to discuss your specific case with an experienced criminal defense lawyer.