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.
