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These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.
- How do I ask the court to determine that my criminal conviction was invalid?
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1. Determine whether you meet the requirements to have your criminal conviction determined to be invalid.
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* Review paragraph #8 of Form 4 Petition for Postconviction Relief Pursuant to Criminal Procedure 35(c) for a list of reasons why your conviction could be found to be invalid.
* Unless you meet one of the exceptions in §16-5-402 (2), you must file your paperwork within the applicable time periods listed below. These time periods start as of the date of conviction or, for a juvenile case, the time period starts as of the juvenile's 18th birthday:
1. All class 1 felonies: No limit
2. All other felonies: 3 years
3. Misdemeanors: 18 months
4. Petty offenses: 6 months
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2. Identify where to file your paperwork.
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* You should file your paperwork in the same court where you were originally sentenced.
* To find a court location, search Courts by County.
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3. Fill out the correct paperwork.
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* Fill out Form 4 Petition for Postconviction Relief Pursuant to Crim. P. 35(c).
* Take your completed form to the court and give it to the clerk to file your case. There is no filing fee.
* If the court does not deny your request right away, the court will send a copy of your Petition to the prosecuting attorney and they will have an opportunity to respond.
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1. Determine whether you meet the requirements to have your criminal conviction determined to be invalid.