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Set Aside Petition Format In Pima
Category:
State:
Multi-State
County:
Pima
Control #:
US-000297
Format:
Word;
Rich Text
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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.
A conviction set-aside does not seal records. In fact, the record remains. However, the set-aside dismisses the complaint. Also, it releases a convicted person from all penalties, except certain consequences imposed by DMV or Game and Fish. Moreover, the court record will not show “guilt”, but will show “set-aside”.
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.
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.
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.
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.
Arizona does not expunge criminal convictions. Instead, Arizona allows a court to set aside a judgment, where a criminal conviction still exists on a person's record, but the penalties associated with the conviction have been released.
aside is sometimes called expungement or expunction. It means that the court record of a criminal or contempt case is sealed by the court and will not appear in official court records. You should be aware that setaside cases can be unsealed in certain limited circumstances.