Set Aside Misdemeanor Arizona

Set Aside Misdemeanor Arizona

In Arizona, individuals who have completed their sentence for a misdemeanor or felony conviction may be eligible to have their record set aside, as per ARS 13-905. While not equivalent to expungement, setting aside a conviction can help mitigate its impact on various aspects of life, such as employment or housing opportunities. Our comprehensive guide offers a step-by-step overview of the set-aside process in Arizona, detailing eligibility requirements, necessary documentation, and the potential advantages of successfully setting aside a misdemeanor or felony conviction, helping you make informed decisions about your legal options.

Welcome to Chelle Law Firm’s blog! As a top criminal defense law firm in Scottsdale, Arizona, we are dedicated to providing accurate and useful information on various legal topics. In this post, we will discuss the process of setting aside a misdemeanor conviction in Arizona, including eligibility requirements and the benefits of working with an experienced attorney.

What Does it Mean to Set Aside a Conviction?

In Arizona, setting aside a conviction involves a legal process that effectively “erases” the conviction from your criminal record. When a conviction is set aside, it is no longer considered a conviction for most purposes, which can help remove barriers to employment, housing, and other opportunities. However, it is important to note that a set-aside conviction can still be used as a prior conviction in future criminal proceedings.

Eligibility Requirements for Setting Aside a Misdemeanor Conviction in Arizona

According to Arizona Revised Statutes § 13-907, you may be eligible to set aside a misdemeanor conviction if you meet the following requirements:

1. You have completed all terms and conditions of your sentence, including probation, restitution, and payment of fines.
2. You have not been convicted of a new crime since completing the terms and conditions of your sentence.
3. Your misdemeanor conviction is not for a dangerous offense, a crime that requires sex offender registration, a crime against a minor, or any other offense that is specifically excluded by Arizona law.

The Process of Setting Aside a Misdemeanor Conviction in Arizona

To set aside a misdemeanor conviction in Arizona, you will need to:

1. Prepare the paperwork: Obtain and complete the necessary forms, including the Application to Set Aside Conviction. These forms are available at your local Arizona Superior Court or online at the court’s website.
2. File the application: Submit the completed forms to the court where your conviction occurred. There is usually no filing fee for this process.
3. Attend a hearing (if required): In some cases, the court may require a hearing to determine whether setting aside your conviction is appropriate. If a hearing is required, you may need to present evidence and testimony in support of your application.

How Chelle Law Firm Can Help

Navigating the process of setting aside a misdemeanor conviction in Arizona can be complex and challenging. Chelle Law is well-versed in Scottsdale criminal defense representation, making them the ideal choice when facing criminal charges.

Whether you need assistance preparing and filing your application or require representation during a hearing, our team is here to help.