Caption
The district court and district, the name under which the movant was convicted, the docket or case number, the place of confinement and the prisoner number, with United States of America v. the movant.
AO 243
Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. § 2255)
- Agency
- U.S. Courts
- Revision
- Rev. 09/17
- Fillable fields
- 150
- Pages
- 13
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
AO 243: Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. § 2255)
AO 243, Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. § 2255), is a U.S. Courts form. Its instructions say it is for a person serving a sentence under a judgment in a federal court who is asking for relief from the conviction or the sentence. The U.S. Courts lists it under Civil Forms, effective on September 1, 2017, and the edition printed on the form is Rev. 09/17.
The 13-page form opens with instructions, then asks about the judgment, the plea and trial, direct appeals and any petition for certiorari, earlier motions and petitions, up to four grounds with supporting facts, pending cases, the attorneys at each stage, future sentences and timeliness. It ends with the relief requested and a declaration under penalty of perjury.
This page explains the form in plain words and is not legal advice. It does not say whether the form fits a particular case. You can fill it out free in your browser on this page and download the result without an account.
What's on AO 243
Judgment and plea (questions 1 to 7)
The court that entered the judgment and the criminal case number, the dates of judgment and sentencing, the length of sentence, the nature of the crime on all counts, the plea, the kind of trial and whether the movant testified.
Appeals and earlier filings (8 to 11)
Any direct appeal and any petition for certiorari in the United States Supreme Court, with results and grounds, then any other motions, petitions or applications about the judgment, hearings held and appeals of the results.
Grounds One to Four (12)
Each ground with its supporting facts, stated without arguing or citing law, whether it was raised on direct appeal, and whether it was raised in post-conviction proceedings, with courts, case numbers, results and appeals.
Other questions (13 to 18)
Grounds not presented before in a federal court, pending cases, the attorney at each stage from the preliminary hearing to post-conviction appeals, sentences on more than one count or indictment, future sentences and the timeliness of the motion.
Relief and declaration
The relief the movant asks the Court to grant, then a declaration under penalty of perjury with the date the motion was placed in the prison mailing system, the date signed and the movant's signature.
How to fill out AO 243
- 1
Read the instructions
Page 1 says the form is filed in the United States district court that entered the judgment being challenged, and that one motion may challenge the judgment entered by only one court.
- 2
Answer every question
The form asks for a typed or neatly written motion with all questions answered and extra pages if necessary. Law need not be cited. Legal arguments go in a separate memorandum, which may be subject to page limits in the local rules.
- 3
Set out every ground
The form's caution says the motion is to include all the grounds for relief from the conviction or sentence, with the facts supporting each, and that grounds left out may be barred from being presented at a later date.
- 4
Answer the timeliness question
Question 18 asks, if the judgment of conviction became final over one year ago, why the one-year statute of limitations in 28 U.S.C. § 2255 does not bar the motion. The form prints the four dates the limitation period runs from.
- 5
Sign the declaration
The movant signs under penalty of perjury and gives the date the motion was placed in the prison mailing system and the date it was signed. The form says a false statement of a material fact may lead to prosecution for perjury.
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Where it is filed, fees and warnings
Where it is filed
In the United States district court that entered the judgment being challenged. The form says to send the original and copies to the Clerk of that court, and leaves the number of copies and the clerk's address blank.
Fees and costs
The form does not print a filing fee. Instruction 6 says a person who cannot pay the costs of the motion, such as an attorney or transcripts, may ask to proceed in forma pauperis, with a certificate signed by an officer at the institution showing the money it holds for the person.
File-stamped copy
The form says a file-stamped copy needs an additional copy and a request that the court file-stamp it and return it.
One court per motion
The form says a motion may challenge the judgment entered by only one court, and a judgment entered by a different judge or division, in the same or a different district, needs a separate motion.
Time limit
The form quotes part of 28 U.S.C. § 2255, paragraph 6: a one-year period of limitation applies, running from the latest of four dates, the first being the date on which the judgment of conviction became final.
Related forms
AO 242
Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241
212 fields, 9 pages
AO 241
Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254
385 fields, 16 pages
AO 240
Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
28 fields, 2 pages
AO 239
Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)
191 fields, 5 pages
Who uses AO 243?
The movant fills out and signs the form. The instructions describe who it is for.
Official sources and the blank
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Questions about Form AO 243
Which court receives AO 243?
The form says it is filed in the United States district court that entered the judgment being challenged. For a sentence to be served in the future, it names the federal court that entered that judgment.
Is there a filing fee for AO 243?
The form does not print one. It says a person who cannot pay the costs of the motion may ask to proceed in forma pauperis, with a certificate from an officer at the institution showing the money it holds for the person.
Can one motion challenge more than one judgment?
The form says a motion may challenge the judgment entered by only one court, and that a judgment entered by a different judge or division needs a separate motion.
Does the motion need case law?
No. The form says law need not be cited, supporting facts are stated without arguing or citing law, and any legal arguments go in a separate memorandum.
What does AO 243 say about time limits?
Question 18 asks a movant whose judgment became final over one year ago to explain why the one-year statute of limitations in 28 U.S.C. § 2255 does not bar the motion. The footnote quotes the four dates the period runs from.
What if a ground is left out?
The form cautions that grounds not set forth in the motion may be barred from being presented at a later date.
Can someone other than the movant sign?
The form has a line for an attorney's signature, if any. If the person signing is not the movant, it asks for the relationship to the movant and an explanation of why the movant is not signing.