Why do people not talk about Post Conviction and 2-1401 petitions? Many lawyers fear them.
Post Conviction and 2-1401 motions are another way of trying to change the outcome of your case. Both are complicated areas of the law. Both require following a lot of legal rules.
If you qualify for either a Post Conviction hearing or a 2-1401 petition, you may be able to bring your case up back in front of your original judge. In some cases, you may be able to present new evidence to that judge. In others, you might be able to point out different laws that may affect how that judge had previously ruled in your case. While you can also do that with a motion to reconsider, such motions generally have to be filed within 30 days after the judge ruled.
What if you did not know about the new evidence within that 30 days? The great thing about Post Conviction and 2-1401 motions is that you may be able to bring them years later. You cannot do that with an appeal or a motion to reconsider.
Matthew J. Haiduk is experienced in reversing criminal records. He can tell you if you qualify for a post conviction petition or 2-1401 petition. Call now to discuss clearing your record.