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Affidavit on Application to Set Aside a Conviction Form

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The document outlines the procedures for applying to set aside a conviction under section 38 of the Provincial Offences Procedure Act in Alberta. It details the steps required to complete and file an application, emphasizes the importance of truthfulness and timely submission within 30 days of discovering the conviction, and provides guidance on necessary information to include. Additionally, it explains the legal context regarding trial dates, guilty pleas, and potential outcomes of the application.

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What does it mean to set aside a conviction?

Generally speaking, to vacate or set aside a conviction or sentence means nullifying the courts judgment on your case.

How do I set aside a conviction in Texas?

Motion for a New Trial. Following a trial resulting in a guilty verdict, a defendant may seek to have the court set aside a finding or verdict of guilt and order a new trial. Such a motion must be filed, at the latest, within thirty (30) days of sentencing, or the right to request a new trial is lost.

What does it mean when a sentence is set aside?

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.

Is a set aside the same as expungement?

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.

What does it mean when a motion is set aside?

A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.

What are the rules for affidavits in Texas?

General Affidavits must be signed in front of a notary public. A notary must verify your identification before you sign the document. Make sure to bring ID (like a drivers license or other form of identification) for the notary before you sign the affidavit.

What is a motion to set aside a conviction in Oregon?

A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.

What does it mean when a judge sets aside something?

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.

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Get the up-to-date Affidavit on Application to Set Aside a Conviction Form 2025 now

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Got questions?

What does it mean to set aside a conviction?

How do I set aside a conviction in Texas?

What does it mean when a sentence is set aside?

Is a set aside the same as expungement?

What does it mean when a motion is set aside?

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