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.
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.
Generally speaking, to vacate or set aside a conviction or sentence means nullifying the court's judgment on your case. In other words, when the court grants your petition to vacate a conviction, it will look as if your case's trial and judgment never occurred, but it does not mean your case is over.
Cancelling a judgment or order or a step taken by a party in the proceedings.
In legal terms, to set aside means to cancel, annul, or revoke a decision, judgment, or indictment. This expression is commonly used when a higher court overrules a decision made by a lower court or when an indictment is dropped.
A “set aside” in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will “set aside” a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.
1. : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate. set aside the decree. 2. : to deprive of legal effect or force : annul, void.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
/ɪkˈspʌndʒ/ to rub off or remove information from a piece of writing: be expunged from His name has been expunged from the list of members. to cause something to be forgotten: expunge something from your memory She has been unable to expunge the details of the accident from her memory.
Conviction set-asides and expungements are similar but not the same. Conviction expungement seals an entire record of the conviction. Indeed, expungement proceedings result in the sealing of arrest records and court documents.
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.