Criminal Appeals & Record Expungement Lawyers

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Call (07) 4041 1677 or provide your basic contact details below. We will call you back promptly to discuss your situation privately.

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

  • Appeal Against Conviction: Challenging a guilty verdict (where you pleaded not guilty) on grounds such as:

    • The verdict was unsafe or unsatisfactory (cannot be supported by the evidence).

    • An error of law or misdirection was made by the Judge during the trial.

    • A miscarriage of justice has occurred.

  • 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:

  • You generally have one calendar month from the date of conviction or sentence to lodge an appeal or application for leave.

  • 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.

Our Specialist Criminal Defence Services

We handle a full range of criminal matters with precision and care.
Select any service to learn more:

Drug Offences

Possession, supply, trafficking, importation

Drink Driving & Traffic Offences

DUI, disqualified driving, work licences

Domestic Violence

Protection orders, defence for accused

Sexual Offences

Sensitive, discreet representation

Assault & Violence Offences

Expert Counsel for Assault and Violence Charges

Dishonesty & Fraud Offences

Theft and Stealing, Fraud, Burglary and Break-Ins, Receiving Stolen Goods, Forgery

Bail Applications

Urgent release, strong court arguments

Appeals & Expungements

Challenging convictions, clearing records

Torres Strait Islands Legal Support

With dedicated offices in Thursday Island and Bamaga, we deliver accessible, culturally safe criminal defence and expert legal representation across the Torres Strait and Northern Peninsula Area.

Speak to a Criminal Lawyer Today