Set Aside Conviction
Under Arizona law, setting aside a judgment of conviction is the process that refers to obtaining a court order setting aside the charges, dismissing the case, and relieving an individual of some of the liabilities from conviction. The set aside request can also include a request for restoration of civil rights, if needed. The process is open to individuals who have been convicted of certain criminal offenses and who have completed all the required conditions of the sentence imposed by the court, including payment of all financial obligations arising out of the case. Set aside is normally not available for those individuals who were convicted of crimes that involve physically harming another person, dangerous or deadly weapons, crimes driven by a sexual motivation or crimes where the victim is under 15 years of age. Individuals are normally informed of their right to seek a set aside upon discharge from probation and/or prison. If you or someone you know would like to seek a set aside order to mitigate the effect of a prior conviction then you should contact a Phoenix Criminal Defense Lawyer who can help.
A criminal record can have an adverse impact on your future. Individuals who have been convicted of a crime oftentimes have difficulty obtaining employment, may be restricted from voting, owning a firearm or accessing certain scholarships or student loans as a result of their record. Setting aside your conviction may pave the way in your pursuit of furthering your education as well as achieving future career aspirations.
While there are some crimes that are not eligible for set aside orders in Arizona, there are many more that are eligible. Prior to obtaining a set aside order from a court, it is normally required that one fulfill all the penalties, terms and conditions imposed by the court at sentencing. Additionally, individuals who have demonstrated a true desire to move forward in a positive direction in life, and who have lived a law-abiding lifestyle since their conviction will normally have the best chance of obtaining a set aside of their prior conviction. Here at the Law Offices of Trent R. Buckallew, PC, we are adept at addressing the set aside proceedings, and can help you navigate through the court process while we seek a set aside order. The Firm is dedicated to assisting those who have been convicted of crimes where set aside is a possibility, and will assist in every way possible to see the process through to conclusion.
Contact a Phoenix expungement attorney if you want to have a conviction set aside from your criminal record.