Set Aside Conviction

Motion to Set Aside a Conviction in Arizona

Unlike other states, Arizona does not permit criminal arrest or conviction records to be expunged or sealed. Instead, people can petition the court that handled their case for a set aside.

A set aside is a legal process that allows individuals who have been convicted of a criminal offense to set aside the conviction and have their civil rights restored. Once a set aside is granted, the individual is considered not to have been convicted of the offense, and the civil rights that were lost as a result of the conviction, such as the right to vote or possess a firearm, are generally restored.

An Individual May Be Eligible for a Set Aside If:

  • They have successfully completed prison or jail time, and probations and paid all fines and fees.
  • The person’s conviction is eligible under the Set Aside Conviction law. The eligibility for a set aside generally depends on the nature of and severity of the offense and the amount of time that has been since the individual completed their sentence.

How to Apply to Set Aside Judgment:
The process typically involves filing a petition with the court that sentenced the individual and attending a court hearing where a judge will review the petition and determine whether to grant the request. It’s important to note that while a set aside can provide a level of relief for individuals with criminal records, it does not erase the conviction or remove it from government records. Law enforcement, prosecutors, and some government agencies may still have access to the records, and set-aside convictions can still be used to enhance sentencing in future criminal cases. Additionally, certain types of offenses, such as serious or dangerous crimes, may not be eligible for a aet aside.

What Crimes Do Not Qualify for a Set-Aside?

  • Involving the infliction of serious physical injury
  • Involving the use of exhibition of a deadly weapon or dangerous instrument
  • A person that has been required by the court to register as a sexual offender ARS 13-3821
  • There has been a finding of sexual motivation under ARS 13-118
  • The victim is a minor under 15 years of age.
  • IN violation of ARS 28-347, any local ordinance relating to stopping, standing or operations of a vehicle or title 28, chapter 3, except a violation of 28-693 or any local ordinance relating to the same subject matter as ARS 28-693

Should I Hire an Attorney to Assist Me With My Set Aside?
Yes. We recommend that you hire an attorney to assist you in your set aside case simply because the legal system can be complex and difficult to navigate on your own. An attorney who is experienced in handling set aside cases can provide valuable guidance and help you ensure that your case is handled properly.

Our attorneys here can help you determine if you are eligible for a set aside, and if so, help you prepare and file the necessary paperwork with the court. They will also represent you at any court hearings and argue on your behalf. Additionally, our attorneys will help you understand the potential consequences of a set aside, such as how it may affect your employment or ability to obtain certain licenses or permits. Overall, hiring our attorneys for a set-aside case in Arizona can help ensure that your legal rights are protected and that you have the best chance for a successful outcome.

If you or someone you know has been convicted of a criminal offense in Arizona and would like to apply for a set aside judgement, please contact the Attorneys For Freedom Law Firm or call our office at (480)-755-7110 for more information.

Jon Hegreness - R.
Jon Hegreness - R.
I’m impressed. Without details about an ongoing situation, I want to say I am soooo happy I signed... up for the Attorney’s on Retainer program. I’ve been a client for some time, but never really expected to need them. Well, low and behold a very unhinged man made it a point to come straight at me and attack me, then claimed a different story. I am so happy that I already knew exactly who to call. I called the emergency line and Mr. Harris and Mr. Victor quickly got all over helping me. They jumped right in without hesitation. I highly recommend their program, not just for firearm owners that carry, but for anyone living in these crazy times where we might be forced to defend more
Brandon W.
Brandon W.
I was needing good representation. I was really impressed with their handling of cases in the past... and thought they had I good reputation. They did a good case review on everything, developed a good strategy and after almost a year and a half prevailed and even uncovered some procedural issues. You can tell everybody you talk to there is passionate about what they do. I think them for their professionalism and more
stirring the K.
stirring the K.
I was involved in a live fire situation with one fatality. the county was looking at me for... discharging a firearm near an occupied structure and some other things. once I called AFF, the county quickly changed their tune and said it was a righteous shoot, and I would NOT be charged. interesting how having a lawyer can change things, and having a GOOD lawyer makes all the more
Jade H.
Jade H.
Attorneys for Freedom did their job and delivered for me. Brittany you were a pleasure to work with.
Adam C.
Adam C.
Andy and his team at Attorneys for Freedom are incredible! I was quickly able to get an appointment... for a consultation after a small incident and Andy took it from there. My experience with them was second to none, and after all was said and done, Andy and his team came in considerably under budget and sent me my refund check incredibly quick. If you're anything like me, you've never been in a situation that needed a lawyer. I called around 10 different law firms in Arizona, and I can say with 100% certainty that I made the right choice with choosing Attorneys for Freedom. Are they the cheapest; no. Do they deliver; absolutely. I 100% recommend this firm for anyone in the state of more