A Phoenix criminal defense attorney<\/a> at B\u00e9len Law Firm can help you determine if a set aside in Arizona is right for you. Call us today at 602-715-0908<\/a> to schedule a free case evaluation.<\/p>\n Under Arizona\u2019s current laws, having a conviction set aside is a way for citizens who have served their time to get their rights back. A set aside<\/b> may not erase the arrest or conviction from your record, but it can let future employers and landlords know that the crime was in the past and that you have paid all your dues.<\/p>\n ARS \u00a7 13-905<\/a> outlines the requirements for setting aside a judgment. The statute states that the court must consider multiple factors when it comes to setting aside a conviction. This includes:<\/p>\n Setting aside a criminal conviction will not erase the conviction from your record, but it does open up opportunities for people with a criminal record.<\/p>\n A criminal conviction brings far more consequences than just jail time and fines; it can completely change your life and derail your future. A felony conviction suspends certain civil rights, including the right to vote, the right own a firearm<\/a>, and the right to run for public office. A felony conviction can also prevent someone from getting scholarships, certain jobs, and it can even limit housing opportunities.<\/p>\n A set aside<\/b> can help restore some of these rights. When a criminal conviction is set aside, the arrest and conviction will still appear on your public record. However, after a set aside is granted, your public record is adjusted to reflect that you have served the time and paid the fines for the crime. A set-aside conviction can still be used as a prior criminal conviction in court, but it can show employers and landlords that you have completed all conditions of your sentence.<\/p>\n Many other states call this process an expungement <\/b>or record sealing<\/b>. Arizona law doesn\u2019t technically allow expungements, unless they are for simple possession of marijuana, but a set-aside is the next best thing.<\/p>\n Simply put, set-asides are a mere asterisk on your record with a note saying you\u2019ve paid your dues. An expungement<\/a> can seal your record and keep the crime in the past.<\/p>\n An expungement essentially erases a criminal record. More specifically, the arrest record and conviction are sealed during the expungement process and can only be accessed by certain agencies of law enforcement. This means your conviction will not be seen by landlords, employers, or the general public. Arizona courts currently only allow expungement for certain marijuana-related offenses. This is because the recent passing of Proposition 207 legalized the use of recreational marijuana. Marijuana expungement<\/a> is a way for people to seal criminal records for offenses that are now legalized in Arizona.<\/p>\n A set-aside, on the other hand, indicates that you have served the required time for your criminal offense. Your criminal conviction will still appear on a background check, but the set-aside will also appear. This will let prospective employers, landlords, and other entities know that you have served your time and paid restitution for the criminal offense.<\/p>\n Fortunately, the current set-aside process in Arizona will see drastic changes in 2023.<\/p>\n The passing of Senate Bill 1294<\/b> in July of 2021 will open up a whole new door for those with a criminal conviction. Some law enforcement agencies will still be able to access sealed records, but a sealed conviction will not appear on a routine background check. This means that you can answer \u2018no\u2019 to any questions that ask whether you have previous criminal convictions on most employment applications.<\/p>\n Arizona Revised Statute 13-911<\/a> is the official statute based on SB 1294. This statute allows a person to file a petition to seal all records related to a criminal offense, including the conviction, judgment, and arrest. The applicant has to wait a certain period of time after the completion of their conviction. The time period is:<\/p>\n The application to set aside a criminal offense<\/b> or felony conviction is complicated. When you apply for a set-aside or expungement, the judge in your case will weigh multiple factors. If you were on probation, your probation officer may have to testify that you were in compliance with all conditions of probation. The judge will also factor in any prior or subsequent convictions on your record.<\/p>\n However, certain serious offenses such as violent felonies<\/a> cannot be set aside or expunged from your record.<\/p>\n For a criminal conviction to be set aside in Arizona, the person convicted has to meet certain eligibility requirements. This includes:<\/p>\n Under both the current and new set aside\/expungement laws, certain criminal offenses are not eligible. The law describes these exceptions as a \u201cserious offense\u201d or \u201cviolent or aggravated felony.\u201d These offenses include:<\/p>\n The application to set aside a criminal conviction can be complex, especially to someone unfamiliar with the process. The new expungement laws <\/b>will change the way this process works, so it\u2019s important to have someone who understands the new legislation by your side. Having a Phoenix attorney like Bel\u00e9n on your side during this overwhelming time can give you peace of mind.<\/p>\n If you tackle this process on your own, any mistake in the application can result in the court denying your request to set aside a conviction. If the court denies your request, you can request a reconsideration. Unfortunately, you have to wait at least three years<\/b> after a denial to apply for reconsideration. Having an experienced criminal defense attorney with you through this process can decrease the likelihood of your application being denied.<\/p>\n If you or a loved one has been convicted of a criminal offense in Arizona<\/b>, all hope is not lost. You probably know the consequences of an Arizona conviction, but it\u2019s possible to move on from these offenses with the help of a set aside. In addition, the new expungement laws<\/b> will open up the process to many individuals who are burdened with a criminal record. This can be the fresh start that many people need to thrive.<\/p>\n At B\u00e9len Law Firm, you can trust that our criminal defense team has the knowledge and experience necessary for a positive outcome in your case. B\u00e9len Olmedo Guerra<\/a> has experience in both state and federal court<\/a>. For more information about whether or not you qualify for expungement, call us today at 602-715-0908<\/a>. Our 24\/7 legal team<\/a> is ready to help you and answer any questions you may have.What Does it Mean to Set Aside a Criminal Record?<\/h2>\n
ARS \u00a7 13-905<\/h3>\n
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<\/p>\nBenefits of a Set Aside<\/h3>\n
Is a Set Aside the Same Thing as Expungement?<\/h2>\n
Expungement vs. Set Aside<\/h3>\n
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<\/p>\n2023 Expungement Laws<\/h2>\n
ARS \u00a7 13-911<\/h3>\n
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Can My Offense Be Expunged?<\/h2>\n
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<\/p>\nEligibility Requirements<\/h3>\n
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Which Crimes Cannot be Set Aside?<\/h2>\n
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Do I Need a Lawyer to Get a Criminal Record Set Aside?<\/h2>\n
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<\/p>\nCall a Top Phoenix Criminal Defense Attorney at Bel\u00e9n Law Firm Today<\/h2>\n
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