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Criminal Appeals & Record Expungement Lawyers
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Challenging Convictions and Clearing Your Record
A conviction or a harsh sentence is not necessarily the end of the legal process. If you believe an error of law or a miscarriage of justice occurred in your original trial, you have the right to challenge that decision.
Appeals are complex, technical, and involve strict deadlines. Do not attempt to navigate the appeal process alone. E&H Law brings the expertise required to meticulously review your original case, identify errors, and prepare a forceful argument before the higher courts.
Appeals Against Conviction and Sentence
An appeal is not a re-trial; it is a legal argument based on an error made in the lower court (Magistrates Court, District Court, or Supreme Court). We handle appeals across all courts, aiming for either acquittal, a new trial, or a reduced sentence.
Appeals We Handle
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Appeal Against Conviction: Challenging a guilty verdict (where you pleaded not guilty) on grounds such as:
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The verdict was unsafe or unsatisfactory (cannot be supported by the evidence).
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An error of law or misdirection was made by the Judge during the trial.
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A miscarriage of justice has occurred.
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Appeal Against Sentence: Applying for leave (permission) to appeal where the sentence imposed was manifestly excessive (too harsh) or based on a sentencing error.
Critical Time Limits
Appeals require urgent action:
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You generally have one calendar month from the date of conviction or sentence to lodge an appeal or application for leave.
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We can apply for an extension of time, but this requires demonstrating a strong reason for the delay and a clear miscarriage of justice.
Clearing Your Record: Expungement & Spent Convictions
Even if a conviction stands, its impact on your life (employment, travel, reputation) can often be mitigated or removed under Queensland law. We advise on and manage the process of clearing eligible criminal history.
The Spent Convictions Scheme
Queensland’s Rehabilitation of Offenders Act allows certain convictions to become “spent” after a rehabilitation period, meaning you can lawfully deny the existence of the conviction in most circumstances.
| Original Court | Rehabilitation Period |
|---|---|
| Supreme or District Court (Adult) | 10 years |
| Magistrates Court (Adult) | 5 years |
Contact E&H Law
Whether you need to challenge a verdict in the Court of Appeal or clear an old conviction that is preventing you from moving forward, our experienced team provides the technical analysis and strong advocacy required.
Court Locations We Attend
While our focus is Cairns, our experience extends across Queensland. We regularly appear in courts across the state, ensuring you have the same high-quality representation, no matter your location:
Far North QLD: Cairns, Bamaga, Thursday Island, Innisfail, Atherton, Mareeba, Mossman, Cooktown, Tully.
Central & South QLD: Townsville, Mackay, Rockhampton, Bowen, Bundaberg, Sunshine Coast, and Brisbane.