What does "vacated" mean in a court case?
Asked by: Estella Mohr | Last update: June 10, 2025Score: 4.4/5 (11 votes)
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.
What does "vacated" mean in legal terms?
In civil and criminal legal proceedings , vacate means to set aside or annul a previous judgment or order . Vacate is also used in property law to indicate the surrender or leaving of the premises . For examples of its usage, refer to Sears v. Upton (pertaining to a judgment) and Thorpe v.
Is dismissed the same as vacated?
'Vacating' or 'setting aside' is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or 'no contest' judgment). On the other hand, 'dismissing' applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
Is vacated the same as innocent?
No, Having A Conviction Vacated Doesn't Mean “Acquitted”
Effectively, vacating a conviction is a legal way to have the first trial and subsequent conviction “annulled”- legally speaking, it would be as if they never happened.
Does vacated mean cancelled?
A: In California, when a court hearing is described as "vacated," it means that the scheduled hearing has been cancelled and will not take place as originally planned.
What Does It Mean When A Court Case Is Vacated? - CountyOffice.org
What happens after a case is vacated?
A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted.
What is the simple meaning of vacated?
Meaning of vacated in English
to leave a room, building, chair, etc. so that it is available for other people: Hotel guests are requested to vacate their rooms by noon. Denis vacates his job at the end of the week.
What does it mean when a conviction is vacated?
Vacating a conviction means that the court will withdraw your guilty plea or set aside your guilty verdict and dismiss the charge.
What is the effect of a vacated judgment?
If a defendant is successful in their motion to vacate the judgment, then the conviction will be erased from the individual's criminal record. If a plea were entered, that plea would be withdrawn. This does not mean that the case will be dismissed. The case will only be rejected if the prosecutor agrees to dismiss it.
What is the difference between vacated and overturned?
Reversed - changes to the contrary to opinion of the lower court/body. Reversed in Part - part of the judgment of the lower court was reversed. Vacated - sets aside the judgment of the lower court. Vacated in Part - part of the judgment of the lower court was set aside, or vacated.
Is vacated the same as expunged?
While you can than legally say that you've never been convicted of a crime, you cannot say that you've never been charged with a crime. And while the conviction has been vacated, it is still open to the public. Expungement refers to the removal of this non-conviction data from state patrol records.
What does it mean when an appeal is vacated?
A: The term "vacated" means that the Court on appeal reviewed the lower court's decision, found error, and overturned it. The term "remanded" means that the appellate court sent the case back to the lower court to decide the case again using the rulings of the appellate court as a guide.
What does disposition vacated mean in a criminal case?
It means that something was overruled or dismissed. For instance, if a case is appealed, and the lower court is overturned, the appeals court will "vacate" the lower court judgment and order a new trial.
What is another word for vacate in law?
“vacate a death sentence” synonyms: annul, countermand, lift, overturn, repeal, rescind, reverse, revoke. types: go back on, renege, renege on, renegue on.
Can a judge vacate his own order?
So long as the court has plenary jurisdiction the judge can issue a new order that effectively vacates the old one or formally vacate or amend.
What does it mean when a warrant is vacated?
To vacate means to cancel or recall, that is correct. So if the warrant was vacated, it is cancelled.
What makes a judgment void?
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ.
What does it mean if an opinion is vacated?
Vacate: When the Supreme Court vacates a lower court ruling, it strips that ruling of effect, often in order to send the case back to the lower court for further proceedings.
What does it mean when a bond is vacated?
Bond Released: This term means that the court has released the defendant on bond after the conditions of the bond have been met. Essentially, it signifies that the defendant has secured their release by posting the bond. Bond Vacated: When a bond is vacated, it means the bond has been set aside or canceled.
What is a motion to vacate conviction or sentence?
Section 1473.7 - Motion to vacate a conviction or sentence by person no longer in custody (a) A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons: (1) The conviction or sentence is legally invalid due to prejudicial error damaging the ...
What does vacate stay mean?
A "stay" is a temporary stop, or pause of a legal proceeding. To "vacate" means to give up. To Vacate the Stay, means that someone is asking that an existing stop or pause on a proceeding is being asked to be lifted. Let me know if you have any more questions.
What does it mean when a conviction is overturned?
To overturn a felony conviction means dismissing it by the courts and clearing the convicted or accused's record. This action recognizes that a glaring legal or procedural error occurred during the original trial and must have affected the trial's outcome.
Why do cases get vacated?
The following are instances that will give a court cause to vacate its judgment under California law: You never received a legal notice that you were the defendant in a civil case. You failed to attend court due to illness or other circumstances. There were considerable issues with your legal representation.
What does vacated mean in law?
Explanation: When a judgment or order is vacated, it means that the previous decision is cancelled or set aside. This can happen in both civil and criminal cases. In property law, vacating the premises means that the tenant surrenders or leaves the property.
Is vacated the same as reversed?
Reversed, according to reporting on the Office of the Clerk of the Court means that the judgment below was absolutely wrong, vacated means that the judgment was less than absolutely wrong.