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If your husband or son was convicted in federal court and you have been told there is still something he can file, this is usually the thing people mean. It has a one-year deadline, and the clock has probably already started. Here is how to find out where he stands.
Official § 2255 form (AO 243) All federal court forms →
A § 2255 motion is for someone serving a federal sentence who believes something went wrong in the case itself: the conviction, the sentence, or the way his lawyer handled it. It is filed with the same court that sentenced him, under his existing criminal case number. There is no filing fee, and the official form is AO 243.
In most cases he has one year from the day his conviction became final. If he did not appeal, that is usually 14 days after the judgment was entered. If he appealed and did not ask the Supreme Court to take the case, it is usually 90 days after the court of appeals ruled. If the Supreme Court turned the case down, the clock starts on the day it did.
The law allows a later start in three narrow situations: the government blocked him from filing, the Supreme Court recognized a new right and made it apply to older cases, or important facts came to light that could not have been found earlier with reasonable effort. Missing the deadline is the most common reason these motions are thrown out without a judge ever looking at what went wrong. If it has already passed, read when a late filing can be excused.
It is not a second appeal. Arguments the appeals court already decided generally cannot be raised again, and arguments that could have been raised on appeal but were not usually need a strong reason for the delay.
He generally gets one § 2255 motion. A second one needs permission from the court of appeals first, and that permission is only available for strong new evidence of innocence or a new Supreme Court rule made to apply to older cases. That is why the first motion has to include every claim. More on second motions.
He cannot appeal automatically. He first needs a certificate of appealability, which is granted only when he makes a substantial showing that a constitutional right was denied.
His lawyer never investigated or never told him about a plea offer. When that can undo a federal conviction, what must be proved, and the deadline.
Read the post → Post-Conviction · § 2255 · September 2, 2026The § 2255 deadline is strict but not absolute. When prison mail delays can excuse a late filing, and the rule that sets the date he hands it to staff.
Read the post → Post-Conviction · September 2, 2026Learn about 2255 motion costs, self-filing options, and common challenges.
Read the post → Post-Conviction · § 2255 · August 14, 2026Federal prisoners usually get one § 2255 motion. A second one needs an appeals court's permission before a district judge can even look at it.
Read the post → Post-Conviction · § 2255 · August 12, 2026Losing a § 2255 or habeas case doesn't mean an automatic appeal. He needs a certificate of appealability first. What it is and how to get one.
Read the post → Post-Conviction · § 2255 · July 22, 2026A § 2255 motion challenges a federal conviction or sentence in the court that imposed it. What it covers, what it doesn't, and the one-year deadline.
Read the post →§ 2241 Habeas · § 2254 Habeas · Compassionate Release · First Step Act & BOP
