Application to Set Aside Judgment

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For Criminal Cases 

 

 RIGHT TO APPLY FOR SET ASIDE

(A.R.S. §13-907; Rule 29, Arizona Rules of Criminal Procedure)

On fulfillment of the conditions of your probation or sentence and discharge by the Court, you may apply to the Court where you were sentenced to have the judgment of guilt set aside. Your attorney or probation officer may apply on your behalf.

You may access our Application to Set Aside Judgment Form [PDF].  Once filed with the court, the Court will provide a copy to the Prosecutor’s office.  A period of 10-14 days for their position on the motion may delay a final response, within accordance of laws pertaining to Victim’s Rights. The State’s response will be provided to the Judge for final review with your motion.

If you were convicted of multiple offenses, the Court must act on each individual case and each individual count. If you have more than one case number, you must file a separate application for each case number. Note that a conviction for certain offenses cannot be set aside and the granting of an application to set aside conviction will not affect your diver license record. The Court will not charge a fee for filing an application to set aside a conviction.

                                                                                                                                                                                         

                                    THE FOLLOWING RIGHTS ARE APPLICABLE IN CRIMINAL CASES ONLY

NOTICE OF RIGHT OF SETTING ASIDE JUDGMENT ARS 13-907

Setting aside judgment of convicted person on discharge; making of application;

release from disabilities; exceptions

A.     Except as provided in subsection B of this section, every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. The application to set aside the judgment may be made by the convicted person or by the convicted person’s attorney or probation officer authorized in writing. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the Department of Transportation pursuant to section 28-3304, 28-3306, 28-3307 or 28-3308, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the Department of Transportation in enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the judgment of guilt had not been set aside.

B.     This section does not apply to a person convicted of a criminal offense:

1.      Involving the infliction of serious physical injury.

2.      Involving the use or exhibition of a deadly weapon or dangerous instrument.

3.      For which the person is required or ordered by the court to register pursuant to section 13-3821.

4.      For which there has been a finding of sexual motivation pursuant to section 13-118.

5.      In which the victim is a minor under fifteen years of age.

6.      In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

NOTE: Pursuant to ARS 13-907, an Application to Set Aside Judgment does not mean that the Court will seal the record of your arrest or conviction or restrict public inspection of the record, nor respond to inquiries relating to your conviction as thought the conviction never occurred. You may be required to disclose a conviction which has been set aside in applications for certain licenses. The Court cannot deny anyone the right to look at the court file or obtain a copy of the original citation, complaint, sentence or conviction.

 The Motor Vehicle Department has no authority to suppress convictions and suspensions from the driving record. The Motor Vehicle Department will not remove any points from your driving record and the information is available to an insurance agency.

If the judgment is set aside, the record of the original sentence or conviction will be followed by a Court entry indicating that an application to set aside judgment was granted.

 

 8/16/18

 

 

 

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