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The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained. In such circumstance, an appeal for the purpose of having the null judgment or order cannot be said to be necessary.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing \u201cgood cause\u201d as to why the party in default failed to appear in court or to file an answer to the pleading.
If the Court grants the application to set aside a conviction, the Court will set aside the judgment of guilt. Then the Court will order the person's release from all penalties and disabilities resulting from the conviction, except: The penalties and disabilities imposed by the department of transportation under A.R.S.
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In Arizona, the closest process to expungement is ARS 13-905, which deals with setting aside a conviction. Under ARS 13-905, except for certain disqualified convictions, after you have completed your sentence, then you may file an application with a judge to have your conviction set aside.
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If the Court grants the application to set aside a conviction, the Court will set aside the judgment of guilt. Then the Court will order the person's release from all penalties and disabilities resulting from the conviction, except: The penalties and disabilities imposed by the department of transportation under A.R.S.
Nearly all types of criminal offenses can be expunged, including felonies, misdemeanors, and juvenile crimes....Which Judgments Can Be Set Aside? Dangerous offenses (causing intentional physical injury) Victims under the age of 15. Offenses done with sexual motivation. Driving a vehicle with a suspended license.
Under ARS 13-905, people in the state of Arizona are eligible to apply to set aside a prior conviction once they have: finished their prison sentence with the Department of Corrections, fulfilled all of the conditions of their probation, including payment of restitution, and. been discharged by the court.
Arizona Governor, Doug Ducey, recently amended the Arizona Revised Statute to allow individuals with certain criminal convictions to \u201cset aside\u201d these prior convictions and receive a Certificate of Second Chance from the Court. The amendment will take effect in August of 2021.
What Does an Arizona Motion to Set Aside Conviction Do and Not Do... Offenses involving serious bodily injury. Offenses involving the use of a deadly weapon. Offenses classified as a felony or dangerous offense. Offenses that are sexually motivated or that require a person to register as a sex offender.

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