Important: This article provides general information about post-conviction relief in Indiana. It is not legal advice. Every case is different. If you have questions about your situation, contact an attorney as soon as possible.

If you are reading this, there is a good chance you are doing it for someone else — a son, a daughter, a partner, a parent who is incarcerated and out of options as far as you can tell. You have probably heard the words "post-conviction relief" and want to know what they actually mean. Or maybe the trial is behind you, the appeal did not work, and you are wondering whether there is anything left to try.

Post-conviction relief is one of the most misunderstood parts of the criminal justice system. It is powerful, but narrow. It is a second look, but not a do-over. This guide explains, in plain terms, what it is, who it is for, and how it works in Indiana.

Post-Conviction Relief vs. a Direct Appeal — They Are Not the Same Thing

This is the single most important distinction to understand, so we will start here. A direct appeal asks a higher court to review the trial record for legal errors, and it usually must be filed within 30 days of the judgment. It is limited to what is already in the record. (Our article on what happens after you lose a trial covers the appeal process in detail.)

Post-conviction relief, often called "PCR," is different. It is a separate civil proceeding, brought after the direct appeal is over (or after the time for an appeal has passed). It is the vehicle for raising certain constitutional claims and facts that are not in the trial record — the kinds of problems you can only prove with new testimony or evidence. In Indiana, PCR is governed by Indiana Post-Conviction Rule 1.

What PCR Can Address

Post-conviction relief exists to correct serious legal and constitutional problems that the ordinary trial-and-appeal process could not reach. Common grounds include:

  • Ineffective assistance of trial or appellate counsel
  • Newly discovered evidence that was not available at trial
  • Prosecutorial misconduct that undermined a fair trial
  • A sentence that was not authorized by law
  • A guilty plea that was not entered knowingly, voluntarily, and intelligently

What PCR Cannot Address

It is just as important to understand the limits. PCR is not a chance to re-argue the facts to a new judge or to relitigate things that could have been raised on direct appeal. It generally cannot be used to:

  • Retry the case or reweigh the evidence simply because you disagree with the verdict
  • Raise issues that were already decided on direct appeal
  • Raise issues that could have been raised on appeal but were not (these are often considered waived)

Understanding this line — what belongs in PCR versus what belonged on appeal — is much of the work, and getting it wrong can cost a viable claim.

The Most Common Grounds: Ineffective Assistance of Counsel

By far the most frequent basis for post-conviction relief is ineffective assistance of counsel. Because proving it usually requires evidence from outside the record — often testimony from the original trial attorney — it generally cannot be raised on direct appeal and instead belongs in a PCR petition.

Indiana uses the two-part test from Strickland v. Washington: you must show that the attorney's performance fell below an objective standard of reasonableness, and that there is a reasonable probability the outcome would have been different. We cover this in depth in our guide on proving ineffective assistance of counsel in Indiana.

Newly Discovered Evidence Claims

Sometimes evidence surfaces after a trial that nobody could have presented at the time — a recanting witness, forensic results, or proof that points to someone else. Newly discovered evidence can support a PCR petition, but the standard is demanding. In general, the evidence must have been undiscoverable through reasonable diligence before trial, must be more than merely cumulative or impeaching, and must be strong enough that it would probably produce a different result on retrial. These cases turn on the specific facts and require careful investigation.

How the PCR Process Works in Indiana

A post-conviction case follows its own path, separate from the original criminal case:

  • The verified petition. The process begins when the petitioner files a verified petition setting out the specific grounds for relief. Because of the limits on successive petitions, this is the moment to raise all known claims.
  • The State responds. The State files an answer, and the court manages the case much like a civil lawsuit.
  • The evidentiary hearing. If the claims warrant it, the court holds a hearing where witnesses testify and documents are admitted. The petitioner carries the burden of proof by a preponderance of the evidence.
  • Findings and decision. The judge issues written findings of fact and conclusions of law, granting or denying relief. Either side may appeal that decision.

Because PCR is a civil proceeding, the procedural rules differ from a criminal trial, and the burden is on the petitioner rather than the State. The Public Defender of Indiana handles many PCR cases for people who are incarcerated and indigent, but private counsel is often necessary for people who are not incarcerated or whose cases are complex.

How Long Does a PCR Case Take?

There is no single answer, and anyone who promises a timeline is guessing. PCR cases commonly take many months and frequently more than a year from filing to decision. The length depends on the complexity of the claims, how much investigation is required, the court's schedule, and whether the case goes to an evidentiary hearing. Because the process is slow, the value of starting early — while records still exist and witnesses can be found — is hard to overstate.

Sentence Modification — A Different Tool (IC 35-38-1-17)

People often confuse post-conviction relief with sentence modification, but they are separate. A request to modify a sentence under Indiana Code § 35-38-1-17 does not claim that anything went wrong with the conviction — it simply asks the court to reduce or restructure a lawfully imposed sentence. PCR, by contrast, challenges the legality of the conviction or sentence itself. They have different requirements, different procedures, and different goals. Choosing the right one matters, and sometimes the right answer is one, the other, or neither.

Post-Conviction Relief in Central Indiana

Hammond Legal represents people seeking post-conviction relief across Central Indiana, including Madison County (Anderson), Marion County (Indianapolis), Hamilton County (Noblesville), Hancock County (Greenfield), Shelby County (Shelbyville), Delaware County (Muncie), and Henry County (New Castle). A PCR petition is generally filed in the court where the conviction occurred. Many of the people who reach out are family members acting on behalf of someone who is incarcerated, and we understand the urgency and the worry that come with that. Wherever the case originated, the earlier the review begins, the more can often be done.

Common Questions

Is there a deadline to file for post-conviction relief in Indiana?
Indiana Post-Conviction Rule 1 does not impose a fixed statute of limitations. However, the State can raise the defense of laches — arguing that an unreasonable delay that prejudiced the State should bar relief. Memories fade, records are lost, and witnesses move or pass away. The practical answer is to act as soon as you can rather than wait.
Can I file for post-conviction relief if I'm not in prison?
You do not have to be incarcerated to seek post-conviction relief. People who are on probation, who have completed a sentence, or who are living with the lasting consequences of a conviction may still have grounds to pursue relief. The right approach depends on your specific situation.
What happens at a PCR evidentiary hearing?
If the case proceeds to an evidentiary hearing, it looks something like a focused trial without a jury. The petitioner can call witnesses — sometimes including the original trial attorney — present documents, and make legal arguments. The State responds. The judge then issues written findings of fact and conclusions of law deciding whether relief should be granted.
Can I file a second PCR petition if the first one was denied?
Successive petitions are tightly limited in Indiana. Generally you must raise all known grounds in your first petition, and you need permission from the appellate court to file a successive one. That is why it is so important to develop the record fully and raise every viable claim the first time.
How is post-conviction relief different from an appeal?
An appeal asks a higher court to review the trial record for legal errors, and it must usually be filed within 30 days of the judgment. Post-conviction relief is a separate, later civil proceeding that can address constitutional issues and facts outside the record, such as ineffective assistance of counsel or newly discovered evidence. They are different tools for different problems.

Have Questions About Your Case?

Post-conviction relief has strict procedural prerequisites and limited chances to get it right. Attorney Emilee Hammond can review the record, identify viable grounds, and explain what is realistic in your situation.