Indianapolis Post-Conviction Relief Lawyer

A conviction does not always have to be the final word. Indiana law provides several legal mechanisms that allow people who have already been convicted of a crime to challenge that conviction, seek a reduced sentence, or clear their record under certain circumstances. If you were convicted of a crime in Indiana, understanding what options remain available to you is worth taking seriously, and an Indianapolis post-conviction relief lawyer can help you figure out whether any of those options apply to your situation.

Post-conviction relief is a broad category that includes everything from challenging an underlying conviction on constitutional grounds to petitioning to have a record expunged after serving a sentence. Not everyone qualifies for every remedy, and the rules governing these petitions are procedurally strict. Missing a deadline or filing the wrong type of petition can close off options permanently. That is not a reason to give up. It is a reason to get accurate information before deciding what to do.

Rigney Law LLC represents clients in Indianapolis and throughout Indiana who are navigating the aftermath of a criminal conviction. Whether the issue involves a procedural error at trial, newly discovered evidence, a sentence that no longer fits under current law, or simply the weight of a criminal record that is holding someone back years after the fact, there are real legal tools available. The question is whether they apply to your case and whether they can realistically be pursued.

What Post-Conviction Relief Actually Covers in Indiana

• Post-Conviction Relief Petitions: Indiana’s post-conviction relief rules allow a convicted person to challenge a conviction or sentence on specific grounds, including ineffective assistance of counsel, constitutional violations that were not raised on direct appeal, and newly discovered evidence that could not have been presented at trial.
• Direct Appeals: If you were recently convicted and have not yet exhausted your appellate options, a direct appeal to the Indiana Court of Appeals or Indiana Supreme Court may be the appropriate first step before turning to post-conviction remedies.
• Sentence Modification: Indiana courts retain the authority to modify a sentence under certain conditions, particularly when a defendant has demonstrated rehabilitation, the circumstances of the offense have come to light differently, or the prosecutor consents to a modification.
• Expungement: Indiana’s expungement statute allows qualifying individuals to seal arrest records and certain conviction records from public access, effectively limiting what employers, landlords, and others can see when conducting background checks. Waiting periods and eligibility rules vary by offense type.
• Wrongful Conviction Claims: In cases where actual innocence is at issue and supported by evidence such as DNA results or recanted testimony, there are pathways to seek relief that go beyond standard procedural challenges.
• Parole and Parole Violation Defense: Successfully navigating parole hearings and defending against parole revocation are part of the post-conviction landscape, since what happens after a conviction can determine whether someone returns home or returns to prison.
• License and Record Consequences: Convictions carry collateral consequences beyond prison walls, including driver’s license suspensions, professional license restrictions, and immigration consequences. Addressing those downstream effects is often just as important as the conviction itself.

Why Rigney Law LLC Handles Post-Conviction Cases Differently

Post-conviction work requires a different kind of legal thinking than trial defense. At trial, a lawyer is reacting to the prosecution’s evidence and building a narrative in real time. Post-conviction work requires going backward through the record, identifying what went wrong, and constructing a legal argument that can survive a high procedural bar. The attorneys at Rigney Law LLC have spent years in Indiana courtrooms at every stage of the criminal process, which means they understand not only how convictions happen but also what the record should look like when it did not go right.

Jacob Rigney and Kassi Rigney built this firm around the idea that doing this work well requires sustained effort behind the scenes, not just in front of a judge. Post-conviction petitions live and die on the quality of the legal analysis and the thoroughness of the record review. When the firm evaluates a post-conviction matter, it does not start with an assumption about what the outcome should be. It starts with the record, the law, and an honest assessment of what is actually there. That kind of preparation matters in Indianapolis courts where judges have seen these petitions before and know the difference between a substantial claim and one that is not going anywhere.

The firm also handles expungement and license rehabilitation, which means clients who are not candidates for a formal post-conviction petition may still have meaningful options available to them. Rigney Law LLC can walk through all of those paths in a single consultation and help a client understand which ones are realistic and which are not.

How the Post-Conviction Process Works in Marion County and Surrounding Courts

In Indiana, post-conviction relief petitions are filed in the court that entered the original conviction. For most Indianapolis clients, that means Marion Superior Court, which has criminal divisions located in the City-County Building at 200 East Washington Street. If your conviction occurred in a surrounding county, such as Hamilton, Hendricks, Boone, Morgan, or Johnson County, the petition would go back to the court in that jurisdiction. Knowing where to file and what that court expects procedurally is one of the practical details that matters more than it might seem.

The Indiana Rules of Procedure for Post-Conviction Remedies set out a specific process. After a petition is filed, the state has an opportunity to respond, and the court may hold an evidentiary hearing. At that hearing, you can present new evidence and call witnesses, including potentially the trial attorney whose performance is at issue. This is different from a direct appeal, where the court only looks at what was already in the record. The ability to bring in new evidence is one of the reasons post-conviction relief can be powerful in the right case, and also why building the evidentiary record correctly from the start is so important.

One of the most common mistakes people make in post-conviction cases is waiting too long. Some claims are procedurally barred if they were not raised at the right stage, and courts are not generally forgiving about late filings without a strong explanation. If you have a sense that something went wrong at your trial or sentencing, the right time to look into it is now, not after another year passes. Another mistake is attempting to represent yourself in post-conviction proceedings. The procedural rules are specific and courts apply them rigorously. Even attorneys who handle criminal defense work do not always practice post-conviction law, since it requires familiarity with different statutes and standards.

For expungement specifically, Indiana imposes waiting periods that run from the date of conviction or completion of sentence, and those periods vary depending on the level of the offense. Misdemeanor convictions and lower-level felonies generally have shorter waiting periods than more serious felonies. Certain convictions, including some violent and sex offenses, are not eligible for expungement at all. Before assuming either that you qualify or that you do not, it is worth having an attorney look at the specific charges on your record and apply the current statutory criteria to your situation.

Questions About Post-Conviction Relief in Indiana

What is the difference between a post-conviction relief petition and an appeal?

A direct appeal is filed shortly after a conviction and asks a higher court to review errors that appear in the trial record. A post-conviction relief petition is filed later and allows a person to raise issues that go beyond the original record, such as a claim that their trial attorney was constitutionally ineffective or that new evidence has emerged. You generally must exhaust direct appeal options before pursuing post-conviction relief, though there are some exceptions.

What does ineffective assistance of counsel mean in a post-conviction context?

To succeed on an ineffective assistance claim under the federal standard, a petitioner must show both that the attorney’s performance fell below an objective standard of reasonableness and that the deficient performance actually affected the outcome of the case. Courts apply this standard strictly. Not every mistake by a trial attorney rises to the level of a constitutional violation, but serious failures, such as not investigating alibi witnesses, failing to suppress unconstitutionally obtained evidence, or giving incorrect advice about a plea, can form the basis of a valid claim.

Can I get a felony expunged in Indiana?

Yes, depending on the nature of the conviction and how much time has passed. Indiana allows expungement of certain felony convictions, though the waiting periods are longer than for misdemeanors and some categories of felonies are excluded entirely. The process for felony expungements involves petitioning the court that issued the conviction, and in many cases the prosecutor has an opportunity to object. Working with a post-conviction attorney in Indianapolis is particularly valuable here because the eligibility rules are specific and the filing requirements are strict.

What happens if my post-conviction petition is denied?

If the trial court denies a post-conviction relief petition, the petitioner has the right to appeal that denial to the Indiana Court of Appeals. From there, further review by the Indiana Supreme Court is possible in some cases. Each level of review has its own procedural requirements and deadlines, which is another reason to have counsel throughout the process rather than only at the initial petition stage.

Does expungement completely erase a conviction?

Expungement in Indiana seals records from public access, meaning they will not show up on most background checks conducted by employers or landlords. However, expunged records are not physically destroyed, and certain government agencies and law enforcement entities can still access them under specific circumstances. A prior conviction that has been expunged may also still be relevant in future sentencing if a person is convicted of a new offense. Expungement provides significant practical relief, but it is important to understand exactly what it does and does not do.

Can I seek post-conviction relief if I pleaded guilty?

Yes. A guilty plea does not automatically waive all post-conviction claims. If the plea was not entered knowingly and voluntarily, if the plea agreement was not honored, or if the attorney who advised the plea gave constitutionally deficient advice about the consequences of pleading guilty, those issues can still be raised in a post-conviction proceeding. Claims based on newly discovered evidence may also be available in some circumstances even after a guilty plea.

How long does a post-conviction proceeding typically take in Marion County?

There is no fixed timeline, and it depends heavily on court docket conditions, whether an evidentiary hearing is needed, and whether the state contests the petition. Many post-conviction cases take at least several months from filing to resolution, and contested hearings involving complex factual records can take considerably longer. Marion Superior Court handles a significant volume of criminal matters, and scheduling evidentiary hearings can take time. Starting the process earlier rather than later gives you the most options.

What if new evidence came to light after my trial that proves I did not commit the crime?

Newly discovered evidence is one of the recognized grounds for post-conviction relief in Indiana. However, courts apply a demanding standard. The evidence must be material, it must not have been discoverable with reasonable diligence before trial, and it must be likely to produce a different result if presented. DNA evidence that conclusively excludes a convicted person is the clearest example, but other types of newly discovered evidence can also qualify depending on how significant and reliable they are.

Can a conviction affect my ability to get a professional license in Indiana, and can post-conviction relief help with that?

Indiana licensing boards for occupations ranging from nursing and real estate to social work and cosmetology are permitted to consider criminal convictions as part of their fitness determinations. The specific impact depends on the nature of the conviction and the licensing board’s standards. Successfully obtaining expungement may help in some licensing contexts because the sealed conviction may not have to be disclosed on applications. For people pursuing professional licenses with a conviction on their record, addressing the criminal record through available post-conviction remedies is often a practical priority alongside any licensing board proceedings.

Can I pursue expungement and a post-conviction relief petition at the same time?

In some circumstances, yes. If you are pursuing a post-conviction relief petition challenging a conviction while also meeting the statutory waiting period for expungement of other offenses on your record, there is no blanket rule preventing you from pursuing both simultaneously. However, the strategy and sequencing matters. If a post-conviction petition succeeds and a conviction is vacated, it may change the expungement landscape. An attorney can help you think through how those proceedings interact given the specific contents of your record.

Post-Conviction Relief Representation Across Indianapolis and Central Indiana

Rigney Law LLC represents clients from across Indianapolis and the surrounding region in post-conviction matters. Within Indianapolis and Marion County, the firm serves clients from neighborhoods and communities throughout the city, including the Northside, Southport, Lawrence, Beech Grove, Speedway, and the Near Eastside, as well as clients from Broad Ripple, Irvington, Warren Township, and Wayne Township. The firm also handles post-conviction cases for clients in Hamilton County communities such as Carmel, Fishers, Noblesville, and Westfield, as well as clients in Hendricks County including Plainfield, Avon, Brownsburg, and Danville. Clients from Johnson County, including Greenwood, Franklin, and Bargersville, and from Boone County, including Lebanon and Zionsville, regularly work with the firm on expungement and post-conviction matters. Morgan County clients from Martinsville and the surrounding area are also welcome. Because post-conviction petitions are filed in the court that entered the original conviction, working with attorneys who are familiar with the courts across central Indiana matters in a practical way.

Contact an Indianapolis Post-Conviction Relief Attorney at Rigney Law LLC

A conviction is not always the end of the road. Indiana law gives people real options, from challenging a conviction on constitutional grounds to clearing a record that has been standing in the way of employment, housing, and a stable life. Whether you are looking at a post-conviction relief petition, a sentence modification, expungement eligibility, or a combination of those, the right starting point is an honest conversation about what the law actually allows in your specific situation.

The attorneys at Rigney Law LLC are available to discuss your case and give you a clear-eyed assessment of where things stand and what can realistically be done. As an Indianapolis post-conviction relief attorney who has spent years working in Indiana’s criminal courts, Jacob Rigney brings the kind of practical knowledge these cases require. Consultations are free. Call or reach out to the firm today to schedule yours.