Illinois Filing a Motion to Vacate, Set aside, or Correct Sentence Pursuant to 28 U.S.C. Section 2255 is a procedure whereby a person convicted of a federal crime in the state of Illinois may seek to have the conviction overturned or the sentence modified. This is commonly referred to as a “2255 motion.” The motion must be filed in the same court where the conviction was entered. The State of Illinois recognizes two types of 2255 motions: (1) a motion to vacate, set aside, or correct the sentence, and (2) a motion to correct an illegal sentence. A motion to vacate, set aside, or correct the sentence is used to challenge the validity of the conviction or the sentence imposed. For example, the motion may allege that the conviction was based on a coerced confession, or that the sentence was greater than the statutory maximum. A motion to correct an illegal sentence is used to challenge the legality of the sentence imposed, such as when the sentence exceeds the statutory maximum or when it is otherwise not authorized by law. In order to be successful, the motion must be based on a “fundamental defect” in the conviction or sentence. This means that the defect must be something that goes to the heart of the conviction or sentence. Additionally, the defendant must demonstrate that the defect was not known or could not have been known at the time of trial. Finally, the defendant must demonstrate that the defect has resulted in actual prejudice, meaning that the defect has caused the defendant to suffer some tangible harm. A successful motion will result in the conviction or sentence being set aside or modified.