In order to qualify for post conviction relief, the client must be serving a sentence of incarceration, or on parole or probation for that conviction. (Uniform Post Conviction Procedure Act, Maryland Code, Criminal Procedure, §7-101)

A petition must be filed in the circuit court where the client was convicted within 10 years from the date of sentencing.  However, if the client was sentenced prior to October 1, 1995, there is no deadline in which to file the petition.  (Uniform Post Conviction Procedure Act, Maryland Code, Criminal Procedure, §7-103)

You have the right to one post conviction hearing per conviction.  If you have already had a post conviction that was denied, you do not have the automatic right to another hearing on any subsequently filed post conviction petitions.You also do not have the right to counsel to represent you on subsequent post convictions.

Persons who are incarcerated may apply to Collateral Review for legal representation in filing a post conviction petition.  Incarcerated individuals automatically qualify for post conviction services.  Persons who are not incarcerated, but are on parole and/or probation, may also apply for legal representation, but have to qualify for services depending on income and other factors. 

You may file a post conviction petition on your own, or apply to Collateral Review to have an attorney file a petition for you.   If you decide to file the petition yourself, you are still entitled to legal representation from this office, which entails reviewing your case, adding other potential issues if necessary, and representation at any future hearing.