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.
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.
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.
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.
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.
My wife and I have tried 3 times for her green card and was rejected three times because of some trouble she was accused of before she spoke English. I asked another Lawyer is there anything we can do and she referred us to Jonathan Minkus. We meet with Jonathan and said he might be able to help us but it would be difficult. Jonathan...
Jonathan helped me to vacate two of charges against me, and both of them are successfully vacated. I had a very good experience working with Jonathan and he is a very kind person and very considerate. I would like to highly recommend someone that has same situation as me to go get help form Jonathan.
For 6 years my wife and I tried to receive our Green Card. After being declined 3 times, I asked our immigration lawyer is there anyway to correct some legal issues my wife fell into before she learned to speak English. We were referred to Jonathan and he has done miracles in clearing her name so we finally have a chance at receiving our Green...
Jonathan is not only a brilliant attorney but he is a genuinely good human being. A petty misdemeanor mistake was holding back our immigration process. We came to him seeking options and hope. Upon meeting Jonathan during our initial consultation, his overwhelming knowledge, positivity and kindness were on full display and we immediately felt hope again. I know in my heart Jonathan deeply cares for...
I highly recommend his services.
Jonathan was the only one willing to help my husband and me during a tough time. My husband was facing deportation and had no chance to beat his case unless Jonathan was able to vacate a previous conviction. Jonathan was persistent and genuinely advocated for my husband and family. Jonathan was able to vacate the 12-year-old conviction with DuPage County, giving us a fighting chance...
I hired Mr. Jonathan Minkus for a criminal drug conviction which I needed removed off of my record that I had pled guilty to over 7 years ago. Without going into too much detail about the difficulty of my case, I would just like to emphasize how difficult it is to convince a Judge 7 years after pleading guilty to drop a charge. Well, Jonathan...
Mr. Minkus did extremely good work on my difficult criminal case for Resisting Arrest . Also he help me save my Commercial Driver License for Agrivated speeding. That means he save my job and my income. This is High Class Lawyer and I would recommended This Lawyer to anyone with deep trouble . Thank You again mr Minkus.
I was wrongfully advised by an immigration lawyer to expunge my criminal record that consisted of a drug related charge in order to apply for residency. My wife and I quickly found out this was not true and were referred by two different lawyers (who did not know one another) to contact Mr. Minkus. We were without hope and filled with stress.
I almost never write reviews and when Mr. Minkus just finished representing my brother and I looked for him online I felt like I had to write this. Yes, he is not the cheapest lawyer around but he did exactly what he said he would do. My brother was being deported and we were sent to Mr. Minkus to try and fix his criminal record.
I hired Mr. Minkus a month ago after a convoluted incident that left me with criminal trespass and criminal damage to property, possibly pending a burglary charge. The confessions I had written and the police notes that were taken while I was in custody painted a very bad portrait of me and the system likely would have given me a severe sentence if not for
My experience with mr. Minkus was outstanding. Mr.Minkus really help me with difficult criminal case for Resisting Arrest and extremely bad traffic ticket for agrivated speeding . I would recommend this lawyer to anyone who are in deep trouble. I would love to say again THANK YOU mr Minkus for Excellent work on my case.
I had a conviction in my record that affect my ability to get my citizenship. Mr Johnatan came highly recommend from my immigration attorney and he was right. Mr Minkus went out of his way to get my conviction changed to the level that won't affect me anymore. I highly recommend his services.
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.
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