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Petition To Set Aside Compromise And Release In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-000297
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Word;
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FAQ
In 2021, Arizona passed a new law allowing individuals who have had their convictions set aside to receive a “Certificate of Second Chance” from the court.
For good cause shown, and upon terms the court deems just, the court may set aside a judgment entered upon a failure to appear. A motion to set aside a default judgment shall be made in writing within 30 days after entry of the default judgment.
Post-Conviction Relief. A defendant who requests post-conviction relief asks the court to vacate or modify a judgment of conviction, or to reduce or modify a sentence. The process for requesting post-conviction relief is contained in Rules 32 and 33 of the Arizona Rules of Criminal Procedure.
Setting Aside a Conviction: You were discharged from probation or prison and you want to ask the court to dismiss the judgment of guilt and release you from all penalties and disabilities resulting from the conviction. Sealing Criminal Records: You want to remove your criminal record from public view.
If you've been convicted of a misdemeanor in Arizona and completed your sentence, you may qualify to have the conviction set aside under ARS 13-905—Arizona's closest alternative to expungement. To do this, you must file an application with the court asking a judge to set aside the conviction.
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.
Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction. Setting aside judgment does not seal or expunge ones record. The record is still accessible to the public. However, the record will have a notation stating that the judgment has been set aside.
13-3920 - Retention of property. A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence.