Pennsylvania uses a specific statute for post-conviction relief that's different from most other states - the Post Conviction Relief Act, known as the PCRA. Understanding how it works is essential, because Pennsylvania courts are strict about its procedural requirements in ways that can permanently close legal doors if the rules aren't followed correctly.
The PCRA - Pennsylvania's Primary Post-Conviction Tool
The Post Conviction Relief Act (42 Pa.C.S. §§ 9541-9546) allows convicted persons to challenge their conviction or sentence on grounds including constitutional violations, ineffective assistance of counsel, newly discovered evidence, and prosecutorial misconduct.
The deadline is one year from the date the judgment of sentence becomes final. This is the most important number in Pennsylvania post-conviction law. Miss it, and the courts will almost certainly dismiss any future PCRA petition as untimely - with very narrow exceptions.
Those exceptions exist but are hard to satisfy. Newly discovered facts that could not have been discovered earlier through due diligence is one exception. A newly recognized constitutional right that applies retroactively is another. But courts scrutinize these exceptions closely, and simply having new information isn't enough - you have to show it couldn't have been discovered within the one-year window.
Ineffective Assistance of Counsel in Pennsylvania
Pennsylvania has a specific rule about ineffective assistance claims that trips up many families. These claims cannot be raised on direct appeal - they must be raised in a PCRA petition. This means that if trial counsel made serious errors, the clock on raising those errors starts running from when the direct appeal concludes, and families need to move quickly.
The Pennsylvania Innocence Project
The Pennsylvania Innocence Project works on cases throughout the state and has secured multiple exonerations. They focus on cases with credible claims of actual innocence and some form of evidence - forensic, testimonial, or otherwise - that can be investigated.
PIP accepts applications from incarcerated individuals and reviews them on a rolling basis. The review process can take time, and families should not interpret silence as rejection - the volume of applications is significant.
Philadelphia and Pittsburgh Resources
In Philadelphia, the District Attorney's office has had periods of active engagement with wrongful conviction review, depending on the administration. The Conviction Review Unit in Philadelphia has been responsible for several exonerations and is worth contacting if the case originated in Philadelphia County.
Pittsburgh and Allegheny County have a smaller but active legal community working on post-conviction cases, including through the University of Pittsburgh School of Law.
Next Steps in Pennsylvania
If the one-year PCRA deadline has not yet passed, consult an attorney immediately. This is not something to delay. If the deadline has passed, an attorney needs to evaluate whether any of the narrow exceptions apply before any petition is filed.
Visit our Pennsylvania resources page for a full list of organizations and legal aid available in the state.