What Does Set Aside Mean in Arizona?

What Does Set Aside Mean in Arizona?

In Arizona, ‘set aside’ is a legal process that provides relief to individuals with criminal convictions. Although Arizona does not expunge or erase convictions, having a judgment set aside signifies that the penalties and disabilities associated with the conviction have been lifted. While the conviction remains visible on a person’s record, a set-aside notation is added, indicating that the court has granted relief.

This process can improve one’s chances of securing employment, housing, or professional licenses. To qualify for a set aside, an individual must complete all court-ordered requirements and demonstrate a period of law-abiding behavior. Keep in mind that certain convictions, such as violent crimes or DUIs, may not be eligible for a set aside in Arizona.

Having a criminal conviction on your record can have long-lasting consequences that impact your personal and professional life. In Arizona, certain individuals may be eligible to have their convictions “set aside.” In this comprehensive guide, Chelle Law, a leading criminal defense law firm in Scottsdale, Arizona, clarifies the process and benefits of setting aside a conviction, along with eligibility requirements and how to pursue this legal option.

What Does It Mean to Set Aside a Conviction in Arizona?

A set aside is a legal process in Arizona that allows eligible individuals to have their criminal convictions set aside or “expunged.” This means that the conviction is no longer considered a conviction for most purposes, although it remains on the individual’s record.

A set aside can improve your chances of obtaining employment, housing, and other opportunities by demonstrating that you have successfully completed your sentence and have been granted relief by the court.

For more information on set asides in Arizona, visit the Arizona Judicial Branch website.

Benefits of Setting Aside a Conviction in Arizona

There are several benefits to having a conviction set aside in Arizona, including:

1. Improved employment opportunities, as employers may view a set aside more favorably than an active conviction.
2. Enhanced housing prospects, as landlords may be more likely to rent to individuals with set aside convictions.
3. Restoration of certain civil rights, such as the right to vote, serve on a jury, and hold public office.
4. A positive impact on your personal and professional reputation, as a set aside demonstrates successful rehabilitation and court approval.

Eligibility for Setting Aside a Conviction in Arizona

Not all convictions are eligible for a set aside in Arizona. To qualify, you must meet the following criteria:

1. You have successfully completed all terms and conditions of your sentence, including probation, fines, and restitution.
2. You do not have any pending criminal charges.
3. The conviction you wish to set aside is not a “dangerous offense” involving a deadly weapon or serious physical injury.
4. The conviction is not related to a sexual offense requiring registration as a sex offender.

For a comprehensive list of ineligible offenses, refer to Arizona Revised Statutes § 13-907.

How to Pursue a Set Aside in Arizona

If you believe you are eligible to have your conviction set aside, it is crucial to seek experienced legal representation. Chelle Law, a top criminal defense law firm in Scottsdale, Arizona, can help you navigate the process and provide expert guidance. To pursue a set aside, you must:

1. Obtain a copy of your criminal record to confirm your eligibility.
2. Complete the necessary court forms and submit them to the court where your conviction occurred.
3. Attend a hearing, if required, to present your case and answer any questions from the judge.

Conclusion:

Setting aside a conviction in Arizona can provide a fresh start and improved opportunities for those who qualify. If you believe you are eligible and want to pursue this legal option, Chelle Law is here to help. Our experienced criminal defense attorneys in Scottsdale, Arizona, can guide you through the process and fight for the best possible outcome.

With Chelle Law’s criminal defense representation, clients accused of crimes in Scottsdale can confidently face the legal challenges ahead.