Q: I was convicted years ago in North Carolina. Can I still challenge my conviction?
A: It depends on when your conviction became final. As of December 1, 2025, North Carolina imposed a seven-year statute of limitations on most non-capital Motions for Appropriate Relief (MARs). This is a dramatic change from prior law, which allowed many claims to be filed years or even decades after conviction.
What Changed
Under the new law (SB 429, the 2025 Public Safety Act), defendants in non-capital cases generally have seven years from the latest of several triggering events to file a MAR. Once that window closes, courts can dismiss your case without ever reaching the merits.
What Claims Are Affected
Claims based on ineffective assistance of counsel, trial court errors, and other traditional grounds for post-conviction relief are subject to the new deadline. However, there are limited exceptions for claims based on newly discovered evidence, including DNA evidence or proof of actual innocence.
Why This Matters Now
If you were convicted in North Carolina more than seven years ago and have been considering challenging your conviction, the clock is now ticking. You should consult with a criminal defense attorney immediately to determine whether your case falls within an exception or whether you still have time to file.
Federal Cases Are Different
Federal post-conviction motions under 28 U.S.C. § 2255 have always had a one-year statute of limitations from when the conviction becomes final. If you have a federal conviction, different rules and deadlines apply.
Related Practice Areas
North Carolina Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. If you need to file a Motion for Appropriate Relief, contact The Chetson Firm at (919) 352-9411.