Post-Conviction

Eligibility for Review

The Post-Conviction Team reviews any North Carolina convictions that result in or have an effect on a person’s release date. We review guilty pleas and trial cases. We do not review a case for post-conviction assistance until the direct appeal process is completed.

Our Process

We will begin gathering documents for a case once we receive a completed post-conviction questionnaire from the incarcerated person. If an attorney finds an error that is likely to overturn a conviction or reduce a sentence, the attorney will offer to represent the person. This representation could include reaching out to the District Attorney’s Office for an informal resolution or filing a Motion for Appropriate Relief (MAR).  Post-Conviction attorneys represent clients throughout the litigation process as long as there is a good faith basis for continuing the litigation.

If an attorney does not find an issue, the attorney will draft a letter explaining that conclusion and answering any questions the person may have raised about their case. We also provide post-conviction manuals and a set of legal forms for people who would like to file something on their own.

An MAR can only be filed under certain limited circumstances. Further, if an MAR is filed and denied, it may prohibit that individual from filing another MAR in their case, so it is important to have an attorney review your case before you file something on your own.

If an incarcerated individual has a concern about their conviction or sentence, we encourage them to write to us. If you have any questions about this process, you may contact us. It is very important that we hear directly from the incarcerated individual.

Post-conviction Resources