A criminal conviction can often lead to incarceration, fines, and a number of other penalties. But unfortunately, these are not the only consequences of being convicted of a crime. A defendant’s life can be negatively impacted by a conviction even after he has completed his sentence. For this reason, it’s important to understand how an order of collateral relief may help.
What is Collateral Relief?
Certain defendants can request collateral relief to avoid some of the long-term consequences of having a criminal conviction on their record.
For example, it can be difficult for people with criminal convictions to find employment. This is one of the long-term consequences of being convicted of a crime that continues to affect a defendant’s life after he has completed his sentence. To avoid this consequence, the defendant may ask the court to seal his criminal records so future employers will not be afraid to hire him. Sealing a defendant’s records to make it easier for him to find employment is one type of collateral relief.
Basically, collateral relief helps people reintegrate into society and become productive members of the community after being convicted of a crime.
How to Request Collateral Relief
Any defendant who has been sentenced to a community corrections program, probation, or another alternative sentence can request collateral relief. But, there’s no guarantee that the court will grant this request.
The defendant’s petition must outline the type of relief he would like the court to give him and an explanation of why he believes he should be granted relief. It should also clearly show the link between the type of relief requested and the consequence the defendant is trying to avoid. For example, if you are asking the court to seal your records, you must explain that this will make it easier for you to find employment.
Sometimes, the request will be approved or denied right away. But in other cases, the judge will schedule a hearing on the matter. If a hearing is scheduled, the judge will allow both sides to present their cases before deciding whether or not to grant relief. If the judge believes granting relief is in the community’s best interest and will make it easier for the defendant to succeed, the request will be granted.
However, it’s important to note that an order of collateral relief is not always permanent. If a defendant is convicted of another crime in the future, the order can be revoked.
A criminal conviction can affect the rest of your life. If you have been charged with a crime, contact Reisch Law Firm at once. Our criminal defense attorneys will fight the charges in order to protect your future. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.