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People also ask
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What does it mean to vacate a plea?
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.
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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.
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What does it mean when a conviction is vacated?
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.
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What is a motion to correct a sentence?
A motion to correct an illegal sentence is filed when an error regarding the sentence is made by the court. These types of motions cannot be filed to challenge the conviction itself as the legality of the conviction, or trial, must be challenged through a direct appeal.
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What does it mean to have your record vacated?
While expungement is similar to deleting the records, vacating is more like clearing your name of the conviction. The request is usually made to the court where the person was convicted and is most often granted at the discretion of the court.
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What happens in a motion to vacate?
An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.
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