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Set Aside Petition Meaning In Phoenix
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Phoenix
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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.
When a court sets aside a conviction, it dismisses the conviction, the penalties are dismissed, and disabilities are vacated.
A criminal conviction set-aside is an order by the judge who sentenced you in a criminal case which voids the conviction. It does not remove the conviction from your criminal record, it does offset it by adding the Order Setting Aside the conviction and a notation to the file.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
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.
Conviction set-asides and expungements are similar but not the same. Conviction expungement seals an entire record of the conviction. Indeed, expungement proceedings result in the sealing of arrest records and court documents.
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.
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Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction. Setting aside, sealing, or expunging judgments are all separate and different actions that have unique effects and have different requirements.Arizona does not have an expungement statute. Struggling with a criminal record in Phoenix or Mesa? Learn how a "Set Aside" can offer a new start, aiding in job searches, housing, and more. This page provides an overview of a set aside in Arizona and the process for getting your record cleared up. The judge will only accept your petition to obtain a set aside if you provide valid justifications of having previously complied with the fine penalties. A set aside does not mean that the government can't use the offense as a prior conviction to enhance sentencing in the future. Typically, setting aside a judgment takes several months, depending on the court's schedule and the intricacy of your case. However, applying to have a conviction set aside can change everything.