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Set aside conviction form

Application to Set Aside a Conviction An Affidavit that is filed in Provincial Court, by a committed 2026

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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. It details the steps required to complete and submit an application, including the necessity of providing truthful information, relevant dates, and supporting documentation. The document emphasizes the importance of timely applications within 30 days of discovering a conviction and provides guidance on how to appeal for a trial date or request fine reductions.

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Click ‘Get Form’ to open the Application to Set Aside a Conviction An Affidavit in the editor.
Begin by filling in your full name and date of birth at the top of the form. Ensure accuracy as this information is crucial for identification.
Provide your complete address, including postal code, email address, and telephone number. This allows the court to contact you regarding your application.
Indicate the court location and provide your driver's license number and violation ticket number. These details help link your application to the correct case.
Clearly state the date you discovered your conviction and how you found out about it. Be honest and thorough in your explanation.
Select whether you wish to enter a not guilty plea or a guilty plea, and provide any additional requests regarding fine payment terms if applicable.
Review all entries for accuracy before signing. Remember, digital signatures are not permitted; ensure you print and sign physically.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

How do I apply for the Clean Slate Act in NY?

You just need to meet the basic eligibility requirements. That means if you complete your waiting periods without getting a new conviction, complete your community supervision, and dont have any pending charges, then sealing under Clean Slate will happen automatically. No application will be necessary.

What crimes cannot be expunged in NY?

You are applying to seal an ineligible offense, including a violent felony, Class A felony, homicide felony, sex offense, sexual performance by a child offense, or a felonious attempt or conspiracy to commit any of these ineligible offenses.

Do felonies go away after 7 years in New York?

The waiting period is three years for misdemeanors and eight years for felonies, as explained above. With the exception of drug offenses, most Class A felony convictions, including and sex offenses, will not be sealed. These convictions are not eligible for Clean Slate sealing.

How do I file for expungement in NY?

For better or worse, the fact is that in the state of New York, you cannot expunge your criminal record. A record that is expunged is permanently erased. However, you can seal your criminal record in New York, which means it will become invisible to the public.