How Soon Will the Court Rule on My Petition? It will take at least 30 calendar days after you file your petition before the court will grant or deny your petition. This time is to: (1) allow DPS to conduct its research and prepare the required report, and (2) notify and receive responses from the prosecutor and any victims who have exercised their rights. NOTE: The court may opt to rule on the petition before 30 days if it has all the required information and has received notice that the prosecutor and all the victims who requested post-conviction notice do not object to the petition.
New Offense After Filing a Petition If any new charges are filed against you after you file your petition, but before the court rules on it, you must notify the court. The court cannot grant or deny your petition until the new charges are disposed of, if the new charges could: (1) result in a conviction that cannot be sealed, or (2) extend the time to file a petition under ARS § 13-911. If the court is notified by any means of new charges, including but not limited to notification by you or the prosecutor, they are listed on the DPS report, or the charges are filed in the same court in which the petition is filed, the court must consider and determine how they impact your petition.
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