The Pennsylvania Post-Conviction Relief Act (PCRA) helps defendants overturn convictions, get new trials, or modify sentences. It specifically lets defendants file motions to test any newly uncovered DNA evidence and seek relief if the evidence proves their innocence.

You request a post-conviction DNA test by filing a motion in the court where you were sentenced. Contact us if new evidence comes up since you will only have one year to file a motion to test it and get post-conviction relief. If DNA evidence proves your innocence during the trial, the judge may release you, and we can get the conviction removed from your criminal record. You can request post-conviction DNA testing, even for an offense you pled guilty to, so don’t assume you are ineligible.

For a free and confidential case assessment, all the Pennsylvania criminal defense lawyers of the Liberty Law Team today at (215) 826-3314.

How Can I Request a Post-Conviction DNA Test in Pennsylvania?

Even if you have already exhausted direct appeals, you can request post-conviction DNA testing in Pennsylvania. If new evidence has come to light that could overturn your conviction, our lawyers can file a motion with the sentencing court.

The motion must explain how DNA evidence exonerates you. Our attorneys will ensure that the motion contains the right information and sworn statements; otherwise, the court might dismiss it.

You can request a post-conviction DNA test if you are currently serving a sentence or if you’re on probation or parole. If the court accepts the motion, you’ll have to provide a DNA sample for testing. Our lawyers can walk you through all these steps when we handle your case.

What’s the Deadline to Request a Post-Conviction DNA Test in Pennsylvania?

The PCRA gives you one year from the final judgment in your criminal case to file a request for post-conviction relief and get a new DNA test. There are exceptions to this, so you may file a motion, even if it’s been more than a year since your conviction.

Exceptions exist when government officials interfere or petitioners could not have discovered the basis for their request for relief sooner. For example, if DNA evidence was intentionally hidden from you during your original trial, and you only recently learned this, you couldn’t have reasonably tested it sooner.

If any of these exceptions apply to your case, the deadline will be one year from when you could have filed for post-conviction relief. So, if DNA evidence is discovered, our Philadelphia criminal defense lawyers must act fast to get it tested against your samples and prepare for a post-conviction relief hearing.

Can I Request a Post-Conviction DNA Test if I Pled Guilty in Pennsylvania?

Having ineffective counsel, being misled by prosecutors, or other circumstances lead some defendants to make false confessions or plead guilty. If that happened to you, but new DNA evidence has come to light, contact our lawyers.

Pennsylvania’s Post-Conviction Relief Act doesn’t stop defendants who plead guilty to crimes of violence or confess from getting post-conviction DNA tests. You can file a motion, and the sentencing court may grant it.

Can Pennsylvania Courts Reject Requests for Post-Conviction DNA Testing?

Even if new DNA evidence comes up, judges might dismiss motions for DNA tests if petitioners do not follow the proper procedures or they leave out important information.

Judges can dismiss post-conviction DNA test request they deem frivolous and likely wouldn’t produce “exculpatory” evidence showing the petitioner’s innocence. For example, if there is already considerable DNA evidence tying the petitioner to the case, the judge may deny requests for more DNA testing.

If your motion is denied, we can appeal the decision to the Pennsylvania Superior Court within 30 days. Acting fast is important so you do not lose your opportunity to get your DNA tested against new, exculpatory evidence.

What Happens After You Get a Post-Conviction DNA Test in Pennsylvania?

Suppose you get post-conviction DNA test, and the results can help exonerate you. It’s important to prioritize your case, since you may not have long to get a post-conviction relief hearing. You have one year from finding new evidence to petition for this hearing, so do not wait.

We will seek post-conviction relief on the basis of new DNA evidence obtained. You will then have a hearing in the same court where you were sentenced, possibly overseen by the same judge.

We will present the DNA evidence and how it would have changed the outcome of your trial had it been available then.

If the judge agrees DNA tests exonerate you, they may overturn your conviction. If you are still serving a sentence, you may get released immediately. Other options for post-conviction relief include ordering new trials or modifying sentences.

If the judge disagrees dismisses your petition, we can appeal their decision.

How Common Are Post-Conviction DNA Tests in Pennsylvania?

DNA evidence comes to light in different ways after sentencing. Prosecutors might withhold evidence, ineffective defense attorneys might fail to get it tested initially, and entirely new evidence can be found, sometimes years later.

Our criminal defense attorneys can review your original case, including the evidence collected and introduced. Perhaps the technology didn’t exist to test items when you were originally tried, but advancements make it possible today. Exploring these options and motioning for post-conviction DNA tests may get you released from prison and let you clear your name.

Even if new evidence is found, getting it tested isn’t guaranteed. If you miss important PCRA deadlines or make any procedural errors, the judge might deny your motion. Though post-conviction DNA tests are somewhat common, navigating them is complicated, so contact our experienced lawyers for help.

Call Our Pennsylvania Lawyers About Your Criminal Case

For help with your case from the Liberty Law Team, call our Bucks County criminal defense lawyers at (215) 826-3314.