What does "vacated" mean in legal terms?
Asked by: Carlos Sipes | Last update: August 18, 2025Score: 4.4/5 (11 votes)
A “vacated” or “scratched” hearing or case means that a court order or judgment has been cancelled or rendered void. Cases are sometimes vacated at the preliminary hearing stage which may mean that the formal charges were not filed or that the prosecutor has chosen to present it to the Grand Jury for indictment.
What does it mean when the case is vacated?
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 .
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.
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 If a plea were entered, that plea would be withdrawn.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.
Does vacate mean abandon?
Definitions of vacate. verb. leave behind empty; move out of. “You must vacate your office by tonight” synonyms: abandon, empty.
What Does It Mean When A Court Case Is Vacated? - CountyOffice.org
Is vacating the same as eviction?
A notice to vacate is written when either party decides to end the relationship (for a good or bad reason or none at all). An eviction requires court action to remove the tenant from the property.
What does vacate mean in simple words?
/vəˈkeɪt/ /veɪˈkeɪt/ 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 is the difference between vacated and dismissed?
'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 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.
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 conviction is vacated?
Generally speaking, to vacate or set aside a conviction or sentence means nullifying the court's judgment on your case. In other words, when the court grants your petition to vacate a conviction, it will look as if your case's trial and judgment never occurred, but it does not mean your case is over.
Is vacated the same as reversed?
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.
What is the usage of vacated?
Examples of vacate in a Sentence
She refused to vacate her post even under increased pressure. The election will fill the congressional seat vacated by the retiring senator. The police told everyone to vacate the premises. Students must vacate their rooms at the end of the semester. The court vacated the conviction.
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 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 does it mean when a position is vacated?
to leave a job so that someone else must be found to do it: be vacated by sb No candidates have been named to fill the position vacated by the Chairman. vacate a job/post/seat. to leave a building, room, seat, etc.
What does "vacated" mean in court?
A CA motion to vacate is made by an individual after they have been tried and convicted of a crime in criminal court. This formal request is submitted, containing the legal reasoning for why the conviction should be looked at another time by the court.
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.
What is the difference between expunged and acquitted?
Defendants who are acquitted or found not guilty can sometimes request that their records be sealed or expunged, depending on the jurisdiction. Expungement removes the record from public view while sealing it restricts access to certain government officials and entities.
What does it mean to have your record vacated?
What Does Vacating a Record Mean? Vacating a conviction for a misdemeanor crime means the court determines you meet certain conditions and orders. If you pled guilty to a crime, your plea will be changed to not guilty and then the charges are dismissed.
What does "order to vacate" mean?
Order to vacate means a written notice served by an authorized City official on the owner and posted on the affected property declaring that, due to failure to repair or maintain, the dwelling shall be vacated.
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.
Is eviction and vacate the same thing?
A notice or demand to vacate is done prior to the filing of an eviction. It is when you would voluntarily leave and would allow you to likely avoid a lawsuit being filed against you. An eviction is a court order and proceeding and something that would appear on your record.
Does vacate mean cancel?
If you did not go to your small claims court date, you can ask the court to cancel (vacate) what the judge decided that day and get a new court date.
What is an example of vacate?
to give up or relinquish (an office, position, etc.): She recently vacated her position as president of the organization.