Federal Post-Conviction Relief: § 2254 & § 2255
Understand the difference between federal review of state convictions and motions challenging federal sentences.
State conviction or federal conviction?
| Route | Judgment | Starting point |
|---|---|---|
| Section 2254 | State court | State remedies and federal habeas requirements |
| Section 2255 | Federal court | The federal sentencing court |
Section 2254: state-court judgments
Section 2254 concerns qualifying claims by people in custody under state-court judgments. It ordinarily requires exhaustion of available state remedies and imposes substantial limits on federal review of claims decided in state court. Section 2244 contains separate timing and successive-petition provisions.
Section 2255: federal-court judgments
Section 2255 allows a person in qualifying federal custody to ask the sentencing court to vacate, set aside, or correct the sentence on specified grounds. It is distinct from a state habeas petition. The statute contains a one-year limitation framework and restrictions on later motions.
Keep the procedural timeline separate
Federal limitations analysis requires dates, not estimates: judgment finality, appellate proceedings, state collateral filings and rulings, and the date new facts became discoverable. A state filing does not automatically erase elapsed federal time. Later federal applications also face separate authorization restrictions.
Gather the full review history
- Judgment and sentence
- Appeals, mandates, and certiorari history
- All state collateral filings and orders
- Earlier federal habeas petitions or Section 2255 motions
- Evidence and discovery dates
State directories
Federal sources
Common questions
Does the same form work for every conviction?
No. The judgment’s source and the applicable procedure matter. Use the official forms and local court instructions for the relevant court.
Can I assume I have a year from today?
No. Federal statutes use specified triggering events and other rules. Existing elapsed time, tolling, exceptions, and earlier filings require a case-specific calculation.
PCRC offers non-attorney legal support and document preparation for pro se clients.
Updated October 8, 2026. General information; the appropriate filing, deadline, and relief depend on the case. Provider information is based on linked public pages, not a licensing audit.