3 Overlooked Post-Conviction Rights

Article from Dec 6, 2023

The journey through the legal system doesn’t end at conviction. Post-conviction rights, a crucial but often overlooked aspect of legal proceedings, offer pathways to justice even after a trial concludes. At ANTN LAW, we specialize in navigating these intricate legal avenues, ensuring that justice prevails.

Overview of Post-Conviction Rights: Post-conviction rights are legal tools designed to address and rectify injustices that may occur during the trial process. They are pivotal in safeguarding fairness and integrity within the legal system.

The Three Overlooked Post-Conviction Rights

Right to Appeal

This right is not about retrial but ensuring the legality and fairness of the trial process. It’s crucial for correcting judicial errors and procedural missteps.

SB-731 (Criminal Record Relief)

Set to take effect in July 2023, SB-731 aims to simplify the process of sealing criminal records in California. This bill reduces the waiting period to petition for relief from 10 years to 5 years post-conviction or release, and will apply retroactively. This change is intended to facilitate a smoother re-entry into the community and reduce recidivism by allowing individuals quicker access to clean records​​.

Right to Petition for Habeas Corpus

This legal principle is powerful, allowing individuals to challenge the legality of their detention. It’s a vital, yet underutilized, tool in the justice system.

SB 1106 (Unpaid Restitution and Post-Conviction Relief)

A new law enacted in 2023 states that unpaid restitution cannot be a reason to deny parole release to another state or post-conviction relief. This law does not eliminate the restitution amount owed but ensures that the inability to pay does not hinder an individual’s chance at post-conviction relief​​.

AB 1803 (Indigency Exemption for Filing Fees)

As of the beginning of 2023, individuals who are indigent and unable to afford filing fees for petitioned record relief are exempt from these costs. This change means financial hardships will not impede one’s ability to seek post-conviction relief​​

Right to Seek Clemency

Clemency can result in a pardon or sentence commutation and is particularly important in cases demonstrating rehabilitation or extraordinary circumstances.

Penal Code §2084.5(a) (Inmate Communication Rights):

This new regulation requires state prisons to provide inmates with free voice communication services. While this does not directly relate to clemency, it supports family connections during incarceration, which can be pivotal in clemency considerations, as maintaining family ties is often a factor in demonstrating rehabilitation​​.

SB 990 (Parolee Relocation Options)

Effective January 2024, this law will allow individuals released from prison to have more options for relocation based on education, treatment, housing, or employment opportunities. This can indirectly impact clemency considerations by providing better support structures for individuals post-release​​.

California Penal Code §1170(d)(1) (Juvenile Resentencing)

This recent change allows those convicted as juveniles and serving lengthy sentences, similar to life without parole, to request resentencing. This is significant for young offenders seeking clemency or a review of their sentences​​.


Our team at ANTN LAW provides expert guidance in these complex legal areas. With years of experience and a commitment to justice, we offer free consultations to help clients navigate their post-conviction options. Our online form, accessible on our website, makes reaching out for help simple and efficient.


Q: What exactly are post-conviction rights?



A: Post-conviction rights are legal provisions that allow individuals to challenge their conviction or sentencing, focusing on legal errors and procedural injustices.

Q: How can I know if my case qualifies for post-conviction relief?

A: Each case is unique. We recommend consulting with our legal experts at ANTN LAW who can assess the specifics of your case and advise on the best course of action.

Q: Is there a time limit for exercising post-conviction rights?

A: Yes, time limits vary depending on the right being exercised and the jurisdiction. It’s critical to act promptly to ensure your rights are preserved.

Q: Can post-conviction rights lead to a new trial?

A: In some cases, exercising post-conviction rights can lead to a retrial or a revision of the sentence, particularly if significant legal errors are uncovered.

Q: Are post-conviction proceedings different from appeals?

A: Yes, while appeals are a direct challenge to a conviction or sentence, post-conviction proceedings often involve issues like ineffective assistance of counsel or newly discovered evidence.

Q: Does ANTN LAW handle all types of post-conviction cases?

A: Yes, our team is equipped to handle a variety of post-conviction cases, with expertise spanning numerous aspects of criminal law.

Post-conviction rights play a critical role in the pursuit of justice. At ANTN LAW, we are dedicated to guiding our clients through these complex legal paths. For expert assistance and a free consultation, reach out to us through our online form and take the first step towards understanding and exercising your post-conviction rights.

Additional Resources:

United States Department of Justice – Post Conviction Advocacy

The Innocence Project – Understanding Post-Conviction Rights