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What to include in your set aside request Write that you are asking for a set aside under Family Code sections 3691(a) or (b) Explain why the law applies to your specific situation. You must show that had the judge considered your response or financial information that the order would have been different.
First, a motion must be filed with the court requesting the set aside. It could take several weeks to complete the petition and gather the required documentation to submit to the court. After filing a motion for expungement, it could take three or more months for the court to rule on the motion.
How to Apply to Set Aside an Adult Misdemeanor and/or Felony Conviction Step 1: Complete and sign your application. ... Step 2: Get your certified record of conviction. ... Step 3: Get fingerprinted. ... Step 4: File your application with the court clerk. ... Step 5: Schedule your hearing. ... Step 6: Serve your application.
Applying to get your criminal conviction set aside can take about six months or more. This includes gathering your records, having a hearing, and having your conviction set aside.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.