Legal Question in Criminal Law in Georgia

I had a felony conviction in the mid-80's, but was recommendeed to pursue an appeal to the Federal courts to have the conviction overturned. I wasn't able to pursue this venue for health reasons, but now I would like to try to get a passport, and was wondering if having the conviction overturned is a possibillity. Can you answer my question?


Asked on 6/25/10, 9:28 am

1 Answer from Attorneys

No. You have appeal rights which have to be exercised within 30 days (generally) after your sentence is imposed. You can possibly seek expungement. I do not handle criminal law in Georgia and handle very little in the other states in which I am admitted (PA & NC). My advice would be to talk to a criminal attorney in the county/state in which you were convicted. Ask about expungement as different states have different laws. If expungement does not work, you can try seeking a pardon from the US Department of Justice (if this was a federal case) or the gvernor (if this was a state case). You might want to ask the attorney if it is at all possible to challenge the conviction via the post conviction relief act (its called different things in different states and I do not know what state or federal jurisdiction you were convicted in). However, the act might require you to still be serving a sentence or on probation/parole.

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Answered on 6/25/10, 4:40 pm


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