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Criminal case
Criminal Cases

Post-Conviction Relief

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Post-Conviction Relief Forms

Colorado Judicial Branch has compiled all forms required for Post-Conviction Relief.

View Forms

Criteria for Post-Conviction Relief

Review paragraph #8 of Form 4 Petition for Postconviction Relief Pursuant to Criminal Procedure 35(c) for a list of reasons why your conviction could be found to be invalid.

Unless you meet one of the exceptions in §16-5-402 (2), you must file your paperwork within the applicable time periods listed below. These time periods start as of the date of conviction or, for a juvenile case, as of the juvenile's 18th birthday:

  • All class 1 felonies: No limit
  • All other felonies: 3 years
  • Misdemeanors: 18 months
  • Petty offenses: 6 months

 

How to File for Post-Conviction Relief

You should file your paperwork in the same court where you were originally sentenced. 

 

Forms and Paperwork Required

Fill out Form 4 Petition for Postconviction Relief Pursuant to Crim. P. 35(c).

Take your completed form to the court and give it to the clerk to file your case. There is no filing fee.

 

What Happens Next?

If the court does not deny your request right away, the court will send a copy of your Petition to the prosecuting attorney, and they will have an opportunity to respond.

Additional Resources