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Fill and Sign the Motion Criminal Sample Form

Fill and Sign the Motion Criminal Sample Form

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IN THE ___________ COURT OF ___________ (County) , ______________ (State) _______________________ PLAINTIFF (Name of State) V. CAUSE NO. _________________ _______________________ DEFENDANT/PETITIONER (Name of Defendant) Motion for New Trial for Purpose of Expunging Criminal Record Comes now ___________________ (Name of Plaintiff) , Plaintiff/Petitioner, in the above-captioned cause, by and through his attorney and moves this Court to grant a Motion for a new trial for the following reasons: 1. Petitioner, __________________ (name of petitioner) , was convicted on ____________________ (date) , of the offense of (description of nature of offense) ______________________________________________________________________ ______________________________________________________________________ on his plea of guilty before the Honorable _____________________ (Name of Judge) ; 2. Petitioner was sentenced on ____________________ (date of sentence) to (description of sentence) _______________________________________________ ______________________________________________________________________ _____________________________________________________________________ ; 3. Petitioner has fully complied with the Court's order of probation; OR Petitioner has completed his term of imprisonment; 4. Petitioner had not been convicted of (any offense or any felony) ____________ ______________________________________________________________________ prior to the date of sentencing; 5. Petitioner has not been convicted of any offense subsequent to the date of sentencing; 6. The conviction for (description of offense) _____________________________ ______________________________________________________________________ ______________________________________________________________________ hampers Petitioner's employment opportunities in the near future; 7. This Honorable Court has the discretion and authority pursuant to (citation of statute or rule) _________________________ to set aside Petitioner's conviction. WHEREFORE, Petitioner requests that this Court grant Petitioner's Motion for a new trial for the purpose of expunging Petitioner's record. Respectfully submitted, _________________________ (Name of Defendant) By:______________________ (Printed Name of Attorney) ______________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, _________________________ (Name of Attorney) , attorney for Plaintiff _________________________ (Name of Defendant/Petitioner) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State: _____________________________ (Name of Attorney) _____________________________ (Post Office Box____) ________________________________________ (City, State, Zip Code) This the ____ day of _____________________, 20_______. Respectfully Submitted, __________________________ (Name of Defendant) By________________________ (Printed Name of Attorney) __________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ________________________ (Name of Attorney) Post Office Box ______-________ _________________________________ City, State, Zip Code Telephone: ______-______-________ Notice of Motion for New Trial for Purpose of Expunging Criminal Record You are notified that on _________________ ( date) , at _________ (time) , or as soon thereafter as counsel can be heard, in Courtroom _______ of the ____________ Court for ______________ County, _____________ (State) , at the ________________ (County) Courthouse at __________________________________________________ ________________________ (street address, city, county, state, zip code) , Defendant _______________________ (Name of Defendant) , by and through his attorney, will bring on for hearing his Motion for New Trial for Purpose of Expunging Criminal Record for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) Post Office Box ______-_______ ______________________________ City, State, Zip Code Telephone: ______-______-________

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