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.
When a court sets aside a conviction, it dismisses the conviction, the penalties are dismissed, and disabilities are vacated.
Felony Convictions for the Same Offense You cannot have more than one felony conviction for the same offense set aside if the possible punishment for that offense is more than 10 years in prison. This does not mean that you had to have been sentenced to 10 years in prison.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
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 Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.
A motion to modify or set aside an order or judgment or request a new hearing must be accompanied by an affidavit that states with reasonable particularity the facts and legal basis for the motion.
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.
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.