What is the test for a claim for damages under Section 1983 of the Criminal Code when a conviction or sentence is not invalidated?

actions whose unlawfulness would render a conviction or sentence invalid, a 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). A claim for damages based upon a conviction or sentence that has not been so invalidated is not cognizable under 1983. See id. at 487.