What is setting aside judgment?
Upon completion of probation or sentence and discharge by the court a person may file to have their judgment set aside. Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction.

Setting aside judgment does not seal or expunge ones record. The record is still accessible to the public. However, the record will have a notation stating that the judgment has been set aside. Some employers are more likely to view the setting aside of a judgment favorably. The setting aside of a judgment lets the employer know that the court is satisfied that the person has been rehabilitated.

The setting aside of judgment does not apply to Department of Motor Vehicle records or Game and Fish. A felony that has been set aside may be used at a subsequent trial as a prior felony conviction. Persons convicted of criminal offenses involving infliction of serious physical injury, exhibition or use of a weapon, sexual motivation or a victim under fifteen may not have their judgment vacated.

Show All Answers

1. What rights are lost when a person is convicted of a felony?
2. Can a person restore their civil liberties?
3. What if my felony conviction was in another state?
4. What if I was convicted of a felony in federal court?
5. How do I know if I am eligible to restore my rights?
6. What is setting aside judgment?
7. Where can I get an application?
8. Where do I get a copy of my Absolute Discharge?
9. Once I complete the application, then what?
10. My felony was reduced to a misdemeanor, but background checks are still showing that I have a felony. Why?