Chicago Post-Conviction Relief Attorney

Just because you were convicted of a crime doesn’t mean that your conviction must forever haunt employment background checks, stop you from becoming a U.S. citizen or remain a deportation threat.

There is no reason to let a youthful mistake, misunderstanding, past criminal record—or especially a criminal identity theft—be a barrier to future opportunities. Many options of post-conviction relief are available to help you, even after you have served time, finished probation, or paid your fines. Relief is critical for clearing the records of victims of criminal identity theft.

Through post-conviction proceedings, the Law Offices of Jonathan Minkus can attempt to lessen the negative consequences of having been convicted of a crime. Your background may be used against you in rental matters, employment and education opportunities, by Immigration and Naturalization—and even socially.

Contact us at (847) 966-0300 for a FREE, confidential, initial consultation.

Why Post-Conviction Relief?

Naperville Post-Conviction Relief Lawyer

Being convicted of a crime is a life-changing experience. However, if you believe that your criminal conviction was the result of a legal error or violation of your constitutional rights, the law allows you to challenge the conviction. In addition to appeals, which are one of the most common ways to challenge a criminal conviction, the state of Illinois also allows for post-conviction relief and collateral remedies via the Post-Conviction Hearing Act.

What Is Post-Conviction Relief?

There are many types of post-conviction relief remedies. For example, if new evidence pertinent to a convicted person’s innocence is discovered, the person may be granted a new trial.

As found in the Post-Conviction Hearing Act, a defendant may file a petition for post-conviction relief when he is presently imprisoned. In order to seek post-conviction relief, a defendant must prove that their state or federal constitutional rights were breached (in the event of a death penalty sentence, the defendant may file a petition for post-conviction relief if new evidence has been discovered).

It is very important to note that a post-conviction petition is filed to challenge a conviction based on constitutional breaches that were not and could not have been brought up during direct appeal. The exception to this rule is in the case that the breach was not brought up due to the ineffective assistance of counsel, or because the information relative to the claim does not appear on the appellate record. In addition, an exception to the rule may be made when “fundamental fairness” allows the petitioner to seek post-conviction relief.

How to Seek Post-Conviction Relief

In order to file a petition for post-conviction relief, you must:

In addition to meeting timelines, you must satisfy the “fundamental miscarriage of justice” test, or satisfy the criteria for proving “cause and prejudice.” After this, which in itself can be very difficult to do, the petition will be reviewed, and if the petition is not dismissed, an evidentiary hearing will be held.

Our Naperville Post-Conviction Relief Lawyer Is Here to Help You

At the Law Offices of Jonathan Minkus, we understand the effect that a criminal conviction can have. If you believe that new evidence essential to your case has been discovered, or if you believe that your constitutional rights during the criminal process were violated, do not hesitate to contact us. You can reach our lawyers for your free consultation by calling us directly, or sending us a message online. If you are currently incarcerated, we will gladly travel to meet you and speak in person.

Client Reviews

Awards/ Affiliation

For Over 33 Years

Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.

We urge you to contact us for a FREE, confidential, initial consultation.

See How We Can Help

Change Your Future. Free Initial Consultation.
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Address :

Twin Lakes, WI 53181


Ph : (262) 724-0080
Email : lawyermink@yahoo.com