Is set aside the same as expungement?
Asked by: Rey Hauck DVM | Last update: April 13, 2025Score: 4.5/5 (45 votes)
To “set aside” a judgment means that a person convicted of a crime has been released from all penalties and disabilities resulting from the conviction. A set aside is not the same thing as an expungement or a sealing.
What does it mean when a conviction is set aside?
A set aside means that the conviction is in effect undone, and the charge is then dismissed. The record of the charge still exists, the record of the case still exists, and really the record of the conviction still exists. It is just that the conviction has been undone.
What is another word for expungement?
abolish annul delete eradicate erase exterminate extinguish omit wipe out.
Will my expunged record show up on a background check in California?
An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.
Is set aside the same as expungement Michigan?
Learn about automatic expungement (set aside) of Michigan adult convictions. Setting aside a conviction is the process that clears your public criminal record. This is sometimes called an “expungement.” This article gives an overview of the laws that apply to setting aside an adult conviction.
What is the difference between setting aside a conviction and expunging a conviction?
Is expungement and set aside the same thing?
[6] Expungement and sealing laws restrict access to criminal records and sometimes even provide for their destruction. [7] Set-aside laws authorize a court to “vacate” a conviction in order to signal a person's rehabilitation, relief that may or may not be followed by sealing the record.
What Cannot be expunged in Michigan?
Crimes that cannot be expunged include, but are not limited to, the following: Murder and other offenses punishable by life in prison. Human-trafficking related offenses.
How do you know if your criminal record has been expunged?
The defendant has to affirmatively fill out papers, go to court, etc. If you're in California and you haven't done any of that, then I doubt you have an expungement. The sure fire way to know whether you have an expungement is to go to the courthouse where you got convicted and ask to see the file from your case.
Can FBI see expunged records?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Can TSA see expunged records?
Thus, because the TSA likely already knows about your expunged criminal record, it is always best to be honest and forthright throughout the Global Entry application process and to admit to the expunged offense.
Is expunged the same as removed?
To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.
What is an example of expunge?
Examples from Collins dictionaries
The revolutionaries expunged domestic opposition. The experience was something he had tried to expunge from his memory. His name was expunged from the record books.
What is the word for removed from record?
“Expunge.” Merriam-Webster.com Thesaurus, Merriam-Webster, https://www.merriam-webster.com/thesaurus/expunge.
What happens when a decision is set aside?
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. For example, in Eckenrode v.
What is the right to set aside?
“Where an order has been made by the court of its own initiative, or without a hearing, the parties are entitled to apply to the court to have that order set aside or varied. '
What does it mean for a sentence to be 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.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Do you have to disclose expunged records for security clearance?
If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.
What is the new law for expungement in Michigan?
On April 11, 2023, Clean Slate Automatic Expungement arrived in Michigan. This new law clears away old criminal records from people who have remained crime-free for a period of years, opening doors of opportunity in jobs, housing and education.
What is the 7 year rule in Michigan?
The Michigan clean slate law provides for the following offenses to be automatically set aside once the corresponding period has elapsed: Misdemeanors with a sentence up to 92 days – Seven years.
How much does it cost to get your record expunged in Michigan?
There are associated costs for filing a Motion to Set Aside a Conviction, such as the cost to obtain fingerprints, $50.00 for the Michigan State Police to analyze your fingerprints, court filing fees, and the cost to get a certified copy of your conviction. In all, the costs should not exceed $250.00.
What does it mean when a case is set aside?
(LEGAL DECISION)
If a judge or court sets aside a previous decision or judgment, they state that it does not now have any legal effect, usually because they consider it to have been wrong: The Court of Appeal set aside his conviction. SMART Vocabulary: related words and phrases.
Can you reverse an expungement?
A Type of Dismissal
Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.
What happens after a Judgement is set aside?
If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.