Form AO 241 at a glance
What it is: Form AO 241 is the Petition for Relief From a Conviction or Sentence By a Person in State Custody (Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus).
Where and when to file: When you have completed the form, send the original and copies to the Clerk of the United States District Court.
To use this form, you must be a person who is currently serving a sentence under a judgment against you in a state court.
What to bring and attach to Form AO 241
If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the court to file-stamp it and return it to you.
A filled-in Form AO 241 example: a state prisoner petitions after a guilty plea
How to fill out Form AO 241, box by box
Petitioner and Respondent
United States District Court District; Name (under which you were convicted); Docket or Case No.; Place of Confinement; Prisoner No.; Petitioner (include the name under which you were convicted); Respondent (authorized person having custody of petitioner); The Attorney General of the State of.
Name and location of court that entered the judgment of conviction
Name and location of court that entered the judgment of conviction you are challenging; Criminal docket or case number (if you know).
Date of the judgment of conviction (if you know); Date of sentencing; Length of sentence.
In this case, were you convicted on more than one count or of more than one crime? Yes or No. Identify all crimes of which you were convicted and sentenced in this case.
What was your plea? (Check one)
What was your plea? (Check one) (1) Not guilty, (2) Guilty, (3) Nolo contendere (no contest) or (4) Insanity plea.
What kind of trial did you have, and did you testify
If you went to trial, check one kind of trial: Jury or Judge only.
Did you testify at a pretrial hearing, trial, or a post-trial hearing? Yes or No.
Did you appeal from the judgment of conviction
Did you appeal from the judgment of conviction? Yes or No.
If you did appeal, answer the following: Name of court; Docket or case number (if you know); Result; Date of result (if you know); Citation to the case (if you know); Grounds raised.
Petitions, applications, or motions in any state court
Other than the direct appeals, have you previously filed any other petitions, applications, or motions concerning this judgment of conviction in any state court? Yes or No.
If your answer to Question 10 was "Yes," give the following information: Name of court; Docket or case number (if you know); Date of filing (if you know); Nature of the proceeding; Grounds raised; Did you receive a hearing where evidence was given on your petition, application, or motion? Yes or No; Result; Date of result (if you know).
If you did not appeal to the highest state court having jurisdiction, explain why you did not.
Supporting facts and Direct Appeal of Ground One
For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States.
State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
CAUTION: To proceed in the federal court, you must ordinarily first exhaust (use up) your available state-court remedies on each ground on which you request action by the federal court.
GROUND ONE: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.)
GROUND ONE: (b) If you did not exhaust your state remedies on Ground One, explain why.
Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes or No. (2) If you did not raise this issue in your direct appeal, explain why.
Federal court and pending petition or appeal
Have you previously filed any type of petition, application, or motion in a federal court regarding the conviction that you challenge in this petition? Yes or No. If "Yes," state the name and location of the court, the docket or case number, the type of proceeding, the issues raised, the date of the court's decision, and the result for each petition, application, or motion filed. Attach a copy of any court opinion or order, if available.
Do you have any petition or appeal now pending (filed and not decided yet) in any court, either state or federal, for the judgment you are challenging? Yes or No. If "Yes," state the name and location of the court, the docket or case number, the type of proceeding, and the issues raised.
TIMELINESS OF PETITION
TIMELINESS OF PETITION: If your judgment of conviction became final over one year ago, you must explain why the one-year statute of limitations as contained in 28 U.S.C. § 2244(d) does not bar your petition.
(1) A one-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of - (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such state action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.
Signature of Attorney and Signature of Petitioner
You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury.
Therefore, petitioner asks that the Court grant the following relief, or any other relief to which petitioner may be entitled.
Signature of Attorney (if any).
Under penalty of perjury (declare, certify, verify, or state) that this Petition for Writ of Habeas Corpus is true and correct and was placed in the prison mailing system on (month, date, year), enter Executed (signed) on (date) and the Signature of Petitioner.
If the person signing is not petitioner, state relationship to petitioner and explain why petitioner is not signing this petition.
More rules for Form AO 241
Make sure the form is typed or neatly written.
You may also use this form to challenge a state judgment that imposed a sentence to be served in the future, but you must fill in the name of the state where the judgment was entered. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. § 2255 in the federal court that entered the judgment.
Attach additional pages if you have more than four grounds.
Common mistake: CAUTION: You must include in this petition all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
If your situation is different
You are under a sentence of death
CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel.
Common questions about Form AO 241
What is a 2254 form?
Form AO 241 is the Petition for Relief From a Conviction or Sentence By a Person in State Custody (Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus). You are asking for relief from the conviction or the sentence. This form is your petition for relief.
Where do I file it?
When you have completed the form, send the original and copies to the Clerk of the United States District Court.
Are there fees?
You must pay a fee of $5 (checked October 31, 2026). If the fee is paid, your petition will be filed. If you cannot pay the fee, you may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out the last page of this form. Also, you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. If your account exceeds $ , you must pay the filing fee.
When is this form not the right one?
In this petition, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different court (either in the same state or in different states), you must file a separate petition.
Sources
[1] Form AO 241 (Rev. 09/17), Petition for Relief From a Conviction or Sentence By a Person in State Custody, United States Courts (the Official source link on this page).
