Laws can change with relative frequency. New laws are passed or older laws are repealed. While there are certainly many long-term laws that remain in place, there can also be changes within the legal system over the years.
But what happens when these laws change and it retroactively affects someone who has already been convicted? For instance, perhaps you were arrested, charged with a crime, and then convicted and sentenced to a lengthy jail term. But while you were behind bars, the law changed so that the actions you engaged in were not even illegal anymore. Would this affect your position at all, or do you have to simply accept that you were unlucky enough to be convicted before the change?
Relief is sometimes possible
If something like this happens, it is important to know that you may have options for post-conviction relief. In some cases, you could have your record expunged if you have already served your time, eliminating the permanent record so that you can have an easier time finding employment. If you are still serving your sentence, you may be able to contest the legality of your detainment or argue that your sentence should be altered or lifted because of these legal changes.
There are already examples of this happening in Oregon. Marijuana used to be illegal, so many people were arrested on simple possession charges, but it was legalized for recreational use by adults who are at least 21 years old. In response, in 2022, the governor issued pardons for roughly 45,000 people who had been convicted on cannabis possession charges. The governor also canceled any fines and fees that they needed to pay, claiming that roughly $14 million was forgiven.
This is part of the reason why it is important to keep your eye on any legal changes. If there are significant shifts in the law, be sure you know what options you have.