HB4367

HB4367 allows individuals to petition to vacate a conviction or sentence if it is legally invalid or if there is new evidence of innocence.

HB4367 amends the Code of Criminal Procedure of 1963 to allow any person to file a petition to vacate a conviction or sentence. The petition can be filed regardless of the individual's criminal custody status or citizenship or immigration status. The petition must be filed within 90 days of the conviction or sentence, or 45 days if the individual is in the custody of Immigration and Customs Enforcement. The petition can be filed at any time if the individual's final order or judgment has potential consequences under federal immigration law.