Deadlines After a Conviction
C.R.S. 16-5-402 — three years for most felonies, eighteen months for misdemeanors
The time depends on the offense. No person convicted as an adult may collaterally attack the validity of the conviction unless the attack is commenced within the applicable time period following the date of the conviction.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
| The offense | The time to commence the attack |
|---|---|
| The offenseAll class 1 felonies | The time to commence the attackNo limit |
| The offenseAll other felonies | The time to commence the attackThree years |
| The offenseMisdemeanors | The time to commence the attackEighteen months |
| The offensePetty offenses | The time to commence the attackSix months |
The only exceptions. A court that lacked jurisdiction over the subject matter or the person; a failure to seek relief in time caused by an adjudication of incompetence or a commitment for treatment; or a failure found to be the result of circumstances amounting to justifiable excuse or excusable neglect.
The time to file a notice of appeal from a conviction is set by the state's court rules on appeals, and is not on this page yet. Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page either. Whether a deadline has passed in a particular case is a question for a licensed Colorado attorney.
Sources for this section (1)
- C.R.S. 16-5-402 — Limitation for collateral attack upon trial judgment - definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.