Deadlines After a Conviction
Ill. S. Ct. R. 606 — 30 days to appeal, then six months or three years for a post-conviction petition
30 days. Except as provided in Rule 604(d) and 604(h), the notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from, or, if a motion directed against the judgment is timely filed, within 30 days after the entry of the order disposing of the motion.
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
Filed too early. When a timely posttrial or postsentencing motion has been filed, a notice of appeal filed before the order disposing of all pending postjudgment motions has no effect and is stricken by the trial court. A new notice of appeal must be filed within 30 days following the entry of that order.
Late, with leave. The reviewing court may grant leave to appeal on a motion filed within 30 days after the time for filing the notice of appeal expired, showing a reasonable excuse, or on a motion filed within six months after it expired, showing by affidavit that the appeal has merit and that the lateness was not due to the appellant's culpable negligence. Either motion is accompanied by the proposed notice of appeal, and an appellant filing pro se from a correctional institution may submit a certification in place of the affidavit.
Six months, or three years. No proceedings are commenced more than 6 months after the conclusion of proceedings in the United States Supreme Court or, if no petition for certiorari is filed, more than 6 months from the date for filing one. If a defendant does not file a direct appeal, the post-conviction petition is filed no later than 3 years from the date of conviction.
Culpable negligence. Each of those limits gives way where the petitioner alleges facts showing that the delay was not due to his or her culpable negligence.
Actual innocence. A proceeding asserting actual innocence may be commenced within a reasonable period of time after the conviction, notwithstanding the other limits.
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. Whether a deadline has passed in a particular case is a question for a licensed Illinois attorney.
Sources for this section (2)
- Ill. S. Ct. R. 606 — Perfection of appeal
- 725 ILCS 5/122-1 — Petition in the trial court
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.