Set Aside/Certificate of Second Chance Lawyer in Phoenix, AZ


Set Aside/Certificate of Second Chance Lawyer in Phoenix, AZ

If you have been convicted of a crime, and you have fulfilled all of your conditions of your judgment and sentence and/or received a discharge from the court, you may be eligible for a set aside and certificate of second chance.

Set Asides in Arizona:

If you are ineligible to have your conviction expunged under the new expungement law Arizona Revised Statute § 13-911, you may still be eligible for relief from a prior conviction through a set aside of your conviction. Arizona law does allow for an adult conviction to be set aside under certain conditions.

Arizona law § 13-905 provides in pertinent part:

[E]very person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing.

If you are convicted of a felony, a set aside has the effect of releasing you from all penalties and disabilities resulting from the conviction, except those imposed by the department of transportation and the game and fish commission. Thus, even though a felony conviction may still show on your record, the record will also show you have successfully completed all court requirements and the Court has set aside your conviction releasing you from all penalties and disabilities. If you are convicted of a misdemeanor, a set aside may have less of an effect than if you are convicted of a felony but some government and employment applications still require that you have the set aside completed.

Eligibility Requirements

For a felony offense, a set aside may be available if you have received an absolute discharge from probation or prison, and paid off your fines, fees, and restitution. For misdemeanor offenses, once you have completed all court orders, you may apply for a set aside. However, some misdemeanor courts require that you wait at least a year before they will consider a set aside.
Under the current statute, a set aside is not available to a person convicted of a criminal offense involving:

  1. A dangerous offense.
  2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.
  3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
  4. A felony offense in which the victim is a minor under fifteen years of age.

Note: As noted above, if your conviction is set aside, you must still disclose a felony conviction if you are asked whether you have a prior felony conviction, and this also applies to misdemeanors if specifically asked about a misdemeanor conviction. A set aside is simply a notation next to the conviction stating your conviction has been set aside but the conviction will still show up on your record. It is also important to be aware that while the penalties and disabilities have been lifted, the set aside conviction may be pleaded and proved in a future prosecution for any offense as if it had not been set aside.
If you have been convicted of a felony, your conviction resulted in a suspension of some of your civil rights which may include your right to vote, serve on a jury, hold a public office, and possess a firearm. However, under Arizona law § 13-907, if you have not previously been convicted of a felony offense, your civil rights excluding your right to possess a firearm will be automatically restored at final discharge once victim restitution is paid off, if imposed. If your rights were not automatically restored, you may be eligible to have your rights restored through the application of a set aside.

Restoration of Civil Rights/Gun Rights

In applying for a set aside, an application for restoration of civil rights/gun rights is also included. If a set aside is granted, a person’s civil rights/gun rights under Arizona state law are automatically restored. However, for persons convicted of a serious offense as defined in section 13-706, the granting of a set aside does not automatically restore a person’s right to possess a firearm. Occasionally, a judge will deny a set aside application but still issue an order restoring civil rights.

Certificate of Second Chance in Arizona:

Qualifications

If the court grants a set aside application, the court’s order must include a certificate of second chance if they qualify:

  • For a misdemeanor conviction, the court must include a certificate of second chance in granting a set aside application if the person has not previously received a certificate of second chance.
  • For a class 4, 5, or 6 felony conviction, the court must include a certificate of second chance in granting a set aside application if at least two years have elapsed since the person fulfilled the conditions of probation or sentence.
  • For a class 2 or 3 felony conviction, the court must include a certificate of second chance in granting a set aside application if at least five years have elapsed since the person fulfilled the conditions of probation or sentence.

Benefits

The certificate of second chance, unless an exception applies, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified. It also provides an employer of the person with certain protections if hiring a person with a certificate. It also provides landlords with certain protections when leasing or renting housing to a person with a certificate. However, a certificate of second chance is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate when applying for an occupational license, employment or housing.

I previously had a conviction set aside. Can I still apply for a certificate of second chance?

Yes, if you qualify. If the court does not issue an order that includes a certificate of second chance when the person’s conviction is set aside, the person may apply to the court for a certificate of second chance after meeting the requirements.

A conviction that is not set aside can mean the difference between getting a job and not getting a job or getting into an apartment and not getting into an apartment. Thus, it is important that you consult with an attorney who is experienced in maximizing your best potential for getting your conviction set aside before your file it on your own.

At Castillo Law, the attorneys offer free consultations and affordable yet quality representation with proven results. Call Castillo Law for a Free Consultation 24/7 at (602) 795-6701. Se Habla Español.

Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204.  Se Habla Espanol y la primera Consulta es Gratuita.
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