After a conviction
After a conviction or a guilty plea, the most urgent thing is the deadline to appeal, which in most courts is a matter of weeks. If you are on probation and got a violation notice, call a lawyer before the court date. Sealing a record and vacating a conviction are separate questions, and both are worth asking about.
The appeal deadline comes first
A notice of appeal has to be filed within a short time after sentence. The limits below are short, so do not wait to decide. Write down the date of the sentence and call a lawyer right away.
New York
A written notice of appeal must be filed within 30 days after the sentence is imposed [1].
New Jersey
A notice of appeal from a conviction and sentence must be filed with the Appellate Division within 45 days; a 30-day extension is possible only on a showing of good cause and absence of prejudice [2]. Do not wait for the last day; call right away.
Florida
The notice of appeal is filed with the trial court clerk between the final judgment and 30 days after the written sentencing order is rendered [3].
Pennsylvania
A written post-sentence motion must be filed no later than 10 days after sentence [4]. The notice of appeal is due within 30 days of the order deciding a timely post-sentence motion, or within 30 days of the sentence if no post-sentence motion is filed [5].
Federal court
A defendant's notice of appeal must be filed in the district court within 14 days after the later of the entry of judgment or the government's notice of appeal [6].
If you have not been sentenced yet
Sentencing has its own timing rules: in New York it must happen without unreasonable delay [7]; in Florida a sentencing hearing is held as soon as practicable [8]; in Pennsylvania sentence is ordinarily imposed within 90 days of conviction or plea [9]; and in federal court the presentence report goes to the defense at least 35 days before sentencing unless waived, with written objections due within 14 days of receiving it [10]. Talk to your lawyer about the presentence report before you meet with anyone who prepares it.
Probation violations
If you are on probation and get a violation notice, or are arrested on a new charge while on probation, call a criminal defense lawyer before the court date and bring the paperwork you were given. Violation procedure differs by state and county, so take the notice seriously.
- Do not miss the court date on the violation notice.
- Keep reporting and following every condition unless your lawyer tells you otherwise.
- Do not discuss the facts of a new arrest with anyone, including on jail calls, until you have spoken to a lawyer.
- Bring the probation order, the violation notice and any proof that you followed your conditions, such as program records or pay stubs.
Sealing a record
Each state has its own rules on whether and when a criminal record can be sealed or expunged. The answer depends on the state, the charge and how the case ended. If you want to know whether your record can be sealed, call, and bring whatever paperwork you have from the case.
Vacating a conviction
Vacating a conviction is a separate question from an appeal. The firm has a separate site for vacating convictions, vacatemyconviction.com. To talk about vacating a conviction, call the firm at (718) 484-7510.
If you are not a U.S. citizen, tell any lawyer you speak with. The firm's site myimmigrationplea.com explains what a criminal plea means for an immigration case.
For where this stage fits in the whole case, use What happens next and choose "sentenced," or see New York, New Jersey, Florida, Pennsylvania or federal court.
Common questions
My lawyer from the trial is not returning calls. What do I do about the appeal deadline?
Do not wait. Call another lawyer right away and bring the sentencing paperwork, which shows the date the deadline runs from.
I got a probation violation notice. Should I explain to my probation officer?
Talk to a lawyer before you discuss the accusation with anyone. Keep reporting and following your conditions unless your lawyer tells you otherwise, and do not miss the court date.
Sources
- N.Y. Crim. Proc. Law § 460.10(1)(a) (rev. 2017-10-27). Current as of November 11, 2026. Official text
- N.J. Ct. R. 2:4-1(a), 2:4-4(a), as stated in the Judiciary's appeal-rights form CN 10778 (Directive #05-14). Current as of November 11, 2026. Official text
- Fla. R. App. P. 9.140(b)(3) (Oct. 1, 2026 ed.). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 720(A)(1) (amended Apr. 21, 2026, eff. Nov. 1, 2026). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 720(A)(2)(a), (A)(3). Current as of November 11, 2026. Official text
- Fed. R. App. P. 4(b)(1)(A). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 380.30(1) (rev. 2014-09-22). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.720. Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 704(A)(1) (amended Apr. 21, 2026, eff. Nov. 1, 2026). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 32(b)(1), (e)(2), (f)(1). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.