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.
To kick off the process of setting aside your conviction, you have to file a timely motion with the court where your sentencing took place, which has to spell out a valid reason for your move to vacate. California law outlines several Penal Codes under which you may bring the motion to set aside a sentence, each of ...
How to ask the judge to set aside an order Fill out forms. Fill out the Request for Order (form FL-300) ... Write out legal reasons and facts. You must write out what happened and the legal reason why the judge should set aside the order. Include a proposed response. Make copies and file your request. File your forms.
A motion to vacate judgment is a written request for the court to overturn a criminal conviction. It is filed in California based on state law found at Penal Code 1473.7 PC. This law allows people that are no longer in custody to file a motion to vacate a judgment in a criminal case.
When a court sets aside a conviction, it dismisses the conviction, the penalties are dismissed, and disabilities are vacated.