Are you tired of having an old criminal conviction adversely affecting your life? Is it time to get a fresh start? In Arizona, the way to get that done is to petition the court to set aside your conviction and restore your rights.
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 restore your rights and openly show the world that you’re not a “criminal.” 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.
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. Arizona does not have a true “expungement” law. Setting aside the judgment of guilt does not seal your case. The conviction remains in the public record. Nevertheless, it is important to have the judgement of guilt set aside because, the only legal way you can claim that you were not convicted of a crime, is by also providing a copy of the Order Vacating the Conviction.
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 crime committed against a victim who was under 15 years-old; or
- Crimes involving criminal traffic violations listed in Title 28, Chapter 3 of the Arizona Revised Statutes.
ARIZONA RESTORATION OF RIGHTS LAWYER
If you’ve been convicted of a crime and you’re ready to set the conviction aside and have your rights restored once and for all, contact Robert A. Butler for a free consultation. Even if you’ve tried setting aside your case and failed, come and see me and we’ll try again.
Do You Want To Restore Your Right to Own a Gun?
If you have been convicted of a felony, you have lost your right to possess a gun or firearm. To restore the right to possess a firearm, you must file an application with Superior Court in the county where you were convicted. A separate application is required for each felony criminal case.
