If you’ve been convicted of a crime, it’s time to get a fresh start. In Arizona, the way to get that done is a motion to set aside. A.R.S. 13-905 is the statute that sets out the rules for setting aside a conviction. Often used synonymously with the term expungement, setting aside a conviction is a little bit different. It’s a bit misleading to call it expungement. A set aside is a legal document that vacates your conviction and releases you from most penalties caused by the conviction. This is very helpful for getting a job or finding better places to rent but it does not erase the records of your conviction. Expungement actually seals the records.  Arizona only allows for the expungement of certain juvenile convictions, marijuana convictions under Proposition 207, and arrest records in which a person was legally held to be wrongfully arrested or innocent. But that does not mean that a set aside isn’t important.

WHAT A SET ASIDE WILL DO:

There are good reasons to set aside a criminal offense. A motion to set aside requests the judge to “set aside the judgment of guilt, dismiss the accusations or information and order that a person be released from all penalties and disabilities resulting from the conviction.” This is a very helpful tool for getting your life back on track. It’s a way to show the world that the offense is behind you. If granted, a motion to set aside will provide you with a legal document declaring that the court set aside your conviction and vacated the judgment against you. That document is useful to prospective employers, government, or regulatory agencies. It also assists with clearing your name from malicious internet sites. As of July 1, 2015, if you were convicted of a felony offense, a set aside may restore your gun rights for some offenses.

WHAT A SET ASIDE WON’T DO:

A motion to set aside is often used synonymously with expungement. But they aren’t the same thing. An expungement implies that your record will be sealed or destroyed. This is an option for some but, generally, the vehicle that provides you with a new beginning in Arizona is a motion to set aside. The good news is that Arizona laws for setting aside a conviction are fairly generous compared with other states or federal law and still provides the benefits listed above. It will not restore gun rights if you’ve been convicted of a serious or dangerous offense.

WHEN ARE YOU ELIGIBLE:

Upon fulfillment of all conditions of your sentence or probation, you’re eligible to apply for a set-aside. There are only a few exceptions. You’re not eligible to set aside your conviction if you were convicted of any of the following:

• A crime that was a dangerous offense (the crime involved the use of a deadly weapon or caused serious physical injury);

• A crime that caused you to register as a sex offender or there was a judicial finding of sexual motivation;

• A felony committed against a victim who was under 15 years old; or

• Convictions for moving violations are found in Title 28, Chapter 3 of the Arizona Revised Statutes. Basically, the only moving violations that can be set aside are DUIs and Reckless Driving.

NOW IS THE TIME TO PUT THE PAST BEHIND YOU:

If you’ve been convicted of a crime and you’re ready to set this conviction aside once and for all, give us a call. We’ve had numerous successes and are passionate about this kind of work. We take great pleasure in helping others get back up on their feet after they’ve been knocked down by a criminal conviction. Removing the scarlet letter of conviction and restoring dignity is important to us. Even if you’ve tried setting aside your case and failed, come and see us and we’ll try again. Even if you haven’t finished all the terms of your probation yet, come and see us and we’ll begin preparing now to help increase future success. We find that a little elbow grease up front gets the job done right and saves you hassle later. It’s never worth it to take shortcuts because the faster you can set your conviction aside, the better the odds of getting that job, promotion, or better housing opportunity in the future.

Contact My Law Firm

Call me today at 480-4420489 or use the email contact form to request an opportunity to sit down together to discuss your circumstances.