If you have a felony conviction 5 years old for theft can u have it opened and the charge lowered

Asked almost 3 years ago - Kankakee, IL

If so how much would something like that cost

Attorney answers (3)

  1. Joshua Sachs

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No you cannot. The only exception that I can imagine, and it would be a very rare one, is if there were new evidence of a constitutional violation that you could not reasonably have discovered until now. That might perhaps warrant an out-of-time post-conviction petition. But such a petition would be a very, very long shot, very expensive, and with little hope of success. Probably a waste of a lot of money. Your best shot at undoing this is to let a lot of years go by, like maybe twenty, live it down, and then ask the governor for a pardon.

  2. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . Shy of a statutory available Governer's Pardon you cannot reonen that conviction absent of any manifest errors in the case. Even the Pardon's grant is extremely hard to get and very costly.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Daniel G. Galivan

    Contributor Level 17

    Answered . A five-year old conviction cannot be re-opened. Only if you were still incarcerated based on that conviction would you have the possibility of a habeas corpus petition in federal court alleging violation of a constitutional right. A petition for excecutive clemency/governor's pardon is your only option.

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