This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Compromise And Release In Arizona
Instant download
Description
Free preview
Form popularity
FAQ
If you have a criminal conviction on your record and are granted a motion to set aside, the court will set aside the judgement of guilt, dismiss the complaint, information or indictment and order that you be released from all penalties and disabilities resulting from the conviction.
6 Expungement and sealing laws restrict access to criminal records and sometimes even provide for their destruction. 7 Set-aside laws authorize a court to “vacate” a conviction in order to signal a person's rehabilitation, relief that may or may not be followed by sealing the record.
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
Under A.R.S. § 13-907, most people in Arizona who are convicted of crimes are allowed to file motions to ask the court to set their convictions aside. In order to file a motion for this to happen, a convicted person must first complete his or her probation or sentence.
13-907 states that when a judge grants an application to have a conviction set aside, the offender is released from all penalties that came with the conviction.
In Arizona, the closest process to expungement is ARS 13-905, which deals with setting aside a conviction. Under ARS 13-905, except for certain disqualified convictions, after you have completed your sentence, then you may file an application with a judge to have your conviction set aside.
More info
Arizona law deems this a matter of public protection. Step 1: In black ink, please complete the forms in this packet with instructions below.You may apply to the judge who pronounced sentence to have the judgment of guilt set aside. Form: Application to Set Aside Conviction. • Heading: Fill out the information requested at the top of the form. These Info Sheets are intended to help those who are seeking to file a petition or have had a ruling on a petition to seal a criminal case record. You have only 30 days from the stipulated award to file a petition to set aside. The Workers' Compensation Appeals Board has jurisdiction to set aside a compromise and release for good cause within five years from the date of injury. All of the forms listed are in English. A petition to set aside an order approving compromise and release is, in effect, a petition to reopen.