Setting Aside Criminal Records (Expunge) in Arizona

How Setting Aside a Conviction In Arizona Can Improve Your Future With a Criminal Record

If you have been convicted of a crime, you have a criminal record that is visible to anyone that performs a background check on you. This can cause issues in life such as difficulty acquiring a job or rejected housing applications. However, there are ways to remove the serious impact of your criminal record. 

Many states offer the ability to expunge your record, or wipe it out completely. Unfortunately, Arizona is not one of them. Instead Arizona allows you to set aside a conviction. While having a conviction set aside does not remove your record from the public eye, it certainly can have a positive impact on your future. Your Mesa defense lawyer can look over your case and see if setting aside your conviction is an option for you!

A Set Aside Conviction Explained

To have a conviction set aside does not erase your record completely, but is still beneficial. According to ARS 13-905, you can petition the court to set aside a conviction which releases you from penalties. Your conviction will still show on your record, but it will be marked as dismissed. 

Going through this process can make it more likely you would be able to acquire a job, housing, or other licenses. However, you will still have to report your conviction on applications that ask. When an employer, landlord, or other individual sees that your conviction is dismissed, they will be more likely to work with you given you have completed your sentence and the court has deemed your conviction worthy of being set aside.

Who Qualifies to have a Conviction Set Aside?

Not every person who is convicted is able to have their conviction set aside. First, you must meet certain requirements such as successfully completing your entire sentence including:

• Probation
• Prison or jail time
• Fines, fees, restitution
• Community service
• Any other aspect of your sentence

In addition to completing your sentence, the court will determine eligibility based on their close evaluation of your case. There are many types of convictions in Arizona that are excluded and the court will make sure your conviction does not fall into these exclusions. It can be helpful to evaluate your situation with a Mesa criminal defense lawyer to make sure you are eligible before moving forward with the petition.

Convictions That are Excluded from Arizona’s Set Aside Conviction Law

Arizona tends to be a rather strict state when it comes to penalties for crimes. The state has a number of convictions that are not eligible to be set aside due to the seriousness of them. These non-eligible convictions include:

• A dangerous offense that involved a deadly weapon or caused serious injury
• A crime requiring sex offender registration
• Certain crimes against children
• Felony convictions where the victim was under 15 years old
• Extreme DUIs and Aggravated DUIs
• Driving on a suspended license
• Criminal speeding, aggressive driving, hit and runs, felony flight

The Benefits of Setting Aside a Conviction

In an ideal world, you would be allowed to obtain an expungement and your life could go back to as normal as possible without a visible record. However, setting aside a conviction can have many benefits as well and is worth talking to your Mesa criminal defense attorney about. Some of the ways it can help include:

• Better employment opportunities
• Increased chances for housing and rental application approvals
• Restoring civil rights such as holding public office or owning firearms
• Restoration of personal and professional reputation
• Reducing your social stigma

Step-By-Step Guide to Setting Aside a Conviction

When looking into having your conviction set aside, one of the first steps you should take is acquiring a Mesa defense lawyer. Your Arizona defense attorney can help you file the right forms, determine if you’re eligible, and can help increase your chances of success. You and your lawyer will look at your conviction to make sure you are eligible first. Did you complete your sentence? Is your conviction excluded?

Once you are confident you are eligible, you can obtain the Application to Set Aside Conviction which can be found online or at your local courthouse. The form typically requires your personal information, the case details, proof of sentence completion, and a statement explaining why you want the conviction set aside. Once the form is filled out, file it in person or by mail at the courthouse where you were convicted.

The judge will look over your application and approve, deny, or schedule a hearing if further discussion is needed. If you are approved, congratulations! Your conviction will be marked as set aside on your record for everyone to see. If it is denied, you will be allowed to reapply later or ask the court for a reconsideration. Your lawyer will help you determine next steps. 

Looking to Change the Outcome of Your Life by Setting Aside Your Conviction? Let Our Trusted Mesa Defense Lawyers Help!

 If you have a conviction on your record that is impacting your job opportunities, housing options, and more, look no further for qualified Mesa criminal defense lawyers than Dove Law Firm, LLC. We believe everyone deserves the best legal representation possible and are committed to delivering trusted service to each of our clients. Whether you’re looking to set aside your conviction or need top-notch legal representation during your trial, we have you covered. 

Contact us at our law firm today for a consultation to see how we can give you back a life of peace, confidence, and safety