Set Aside 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.
Set Asides in Arizona:
While Arizona law does not provide for an adult conviction to be expunged (completely erased), Arizona law does allow for an adult conviction to be set aside under certain conditions.
Arizona law § 13-907 provides in pertinent part:A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.
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 with some exception. 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 vacated the judgment and dismissed the charges.
>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.
>For a felony offense, a set aside may be available if you have received an absolute discharge from probation or prison. 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:
- The infliction of serious physical injury;
- The use or exhibition of a deadly weapon or dangerous instrument;
- For which the person is required or ordered by the court to register as a sex offender ARS § 13-3821;
- For which there has been a finding of sexual motivation pursuant to ARS § 13-118
- In which the victim is a minor under fifteen years of age;
- In violation of section ARS § 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of ARS § 28-693 or any local ordinance relating to the same subject matter as ARS § 28-693.
Note: As noted above, if your conviction is set aside, you must still disclose the conviction if you are asked whether you have a prior 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. Additionally, if you were arrested for any offense in Arizona, the arrest record in Arizona will likely be there indefinitely.
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 or it may be used by the department of transportation to enforce ARS §§ 28-3304, 28-3306, 28-3307,28-3308, or 28-3319 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 fire arm. You may be eligible to have your rights restored if you have received an absolute discharge from probation or if it has been at least two years since you received an absolute discharge from prison.
Restoration of Gun Rights:
It is important to remember that a request to restore civil rights does not necessarily mean that your gun rights will be restored. This means you must specifically ask to have your civil rights and gun rights restored, which can be done at the same time as the set aside if you qualify.
Note: The current laws for setting aside a conviction and restoring civil rights and gun rights may be different now then they were at the time of your conviction. Thus, it is important to look at the laws that were in place at the time of the conviction and apply the applicable law.
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, Cindy Castillo offers free consultations and affordable yet quality representation with proven results. This gives you an opportunity to gauge the knowledge and experience of the lawyer and also determine whether she is the right lawyer to fight your case.
Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204. Se Habla Español.