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Petition To Set Aside Compromise And Release In Maricopa
Category:
State:
Multi-State
County:
Maricopa
Control #:
US-000297
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Word;
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FAQ
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.
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.
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.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the result of a case.
If your small claims case has been dismissed, you can file a motion asking the court to “set aside” (cancel or revoke) the dismissal.
When a court sets aside a conviction, it dismisses the conviction, the penalties are dismissed, and disabilities are vacated.
A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.
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.