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(727) 828-3900 When a jury or judge finds you guilty of a crime, or you plead guilty, you become a convicted criminal. Even after you have served your time in jail, paid your fines, and completed all other terms of your sentence, that status as a convicted offender can plague you as you try to go about your life.
Fortunately, some people are eligible to pursue St. Petersburg motions to vacate a criminal conviction. Our determined legal team can meet with you to help you understand the legal process.
People convicted of various crimes have many reasons for seeking to vacate their convictions. With a clean criminal record, they would no longer have to disclose their criminal conviction whenever they apply for a loan, new job, or scholarship opportunity. If their alleged crime involved a DUI or something else that occurred while they were driving, they might not even have a driver’s license. With a vacated record, the convicted defendant could ask to immediately get their driving privileges fully reinstated.
In addition, in Florida, some convicted felons lose their right to vote. If the St. Petersburg petitioner is able to successfully win a motion to vacate their criminal conviction, they could regain this right. If the convicted offender is an immigrant, they could lose their immigration status and be forced to return to their home country.
In addition to the above-stated tangible benefits, vacating a conviction can also bring intangible benefits. A vacated conviction could restore a petitioner’s standing and reputation in the community both socially and professionally.
Dedicated local attorneys understand how critical and damaging the status of a convicted felon could be, so they will work closely with the petitioner to help them complete the necessary steps in their motion to vacate.
Filing a motion to vacate is similar to an appeal because they both take place after a conviction. However, unlike an appeal, which focuses on the legal issues on record, a motion to vacate focuses on other issues outside the record.
Florida Rule of Criminal Procedure 3.850 states that, in most cases, a convicted offender must file a motion to vacate within two years after their sentence or judgment becomes final.
Some of the legal grounds set forth to obtain a motion to vacate are as follows:
Most commonly, people file motions to vacate on the grounds that their plea was somehow involuntary. For instance, someone could argue that they did not have an attorney or waived the right to a lawyer when they pled guilty, so they did not fully understand the legal consequences. They could also argue that they had ineffective assistance of counsel because their attorney did not conduct a full investigation, did not inform them of the details of their plea agreement, or did not present a defense.
A seasoned local legal team from St. Petersburg will carefully review the legal record to see if a petitioner has viable cause to pursue a vacation of their criminal conviction. If the legal team determines the petitioner has cause to file a motion, the attorneys can work diligently to craft a solid motion that complies with all legal requirements.
St. Petersburg motions to vacate a criminal conviction can give you a clean slate and a true second chance. However, obtaining a vacation of a conviction is not simple. You need to comply with strict procedural requirements and present a strong case, which is why working with an experienced local attorney is essential.
Contact a well-versed local attorney as soon as possible. We are committed to helping you.
