Set Aside Petition Format In Arizona
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FAQ
If you've been convicted of a misdemeanor in Arizona and completed your sentence, you may qualify to have the conviction set aside under ARS 13-905—Arizona's closest alternative to expungement. To do this, you must file an application with the court asking a judge to set aside the conviction.
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.
For good cause shown, and upon terms the court deems just, the court may set aside a judgment entered upon a failure to appear. A motion to set aside a default judgment shall be made in writing within 30 days after entry of the default judgment.
Setting Aside a Conviction: You were discharged from probation or prison and you want to ask the court to dismiss the judgment of guilt and release you from all penalties and disabilities resulting from the conviction. Sealing Criminal Records: You want to remove your criminal record from public view.
In 2021, Arizona passed a new law allowing individuals who have had their convictions set aside to receive a “Certificate of Second Chance” from the court.
Post-Conviction Relief. A defendant who requests post-conviction relief asks the court to vacate or modify a judgment of conviction, or to reduce or modify a sentence. The process for requesting post-conviction relief is contained in Rules 32 and 33 of the Arizona Rules of Criminal Procedure.
aside can only be issued by the court. An individual with a DUI conviction can “apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation” or another in office to have the conviction setaside. The court will then review a variety of factors before granting a setaside.