People who have successfully obtained a set aside generally have an easier time finding jobs and obtaining ownership privileges, along with the restoration of many other freedoms previously restricted because of their criminal history.
It is important to note that there are several DUI-related offenses that cannot be set aside under any circumstances. Hiring an experienced Fountain Hills DUI attorney can greatly increase the chance of a successful set aside.
To request a hearing to have your record set aside, you must first fully complete the sentence ordered by the court upon your initial conviction. This includes jail time, license suspension and restrictions, payment of court and jail fees, and participation in court-mandated substance counseling. Furthermore, you must not have any additional criminal charges added to your record between three months and six years from the date of your first DUI. If your situation meets these requirements, you and your DUI attorney can file a petition with the Court requesting a hearing to have your record set aside.
Check with your Clerk of Court to see how you will receive your copy of the order. You can show this order to potential employers to prove that your conviction was nullified. All state courts operate under the administrative direction of the Supreme Court. Skip to main content. Search form. Child Welfare Guide What Now? Petition to Set Aside a Criminal Conviction. A pardon is a formal forgiveness granted by the Board of Pardons.
See their site for more information and an application. Filing the Forms Take or mail the original petition to the clerk of court where the original conviction was filed. Keep one copy for yourself. Appear at the hearing early. There may not be a particular order in which cases are called. You may spend an entire morning or afternoon in court waiting for your case to be called.
Be prepared to wait. When the judge calls your name, approach the bench. The prosecutor probably also will be at the bench. You usually can tell who a prosecutor is because that attorney will be at the bench for every case called by the judge. However, setting aside your conviction does not apply to the Arizona Department of Transportation or the Arizona Game and Fish Department.
For example, a set aside conviction does not release you from any required suspension or revocation of your driver license. As you seek to move past your criminal conviction, a court order officially vacating your judgment of guilt and dismissing the charges against you can provide personal, emotional, and psychological relief.
Also, if you are later charged with another crime and your set aside conviction meets other legal requirements, the prosecution may still be able to use a set aside conviction to try to get a tougher sentence or to use it against you if you testify. If you are asked whether you have any prior convictions such as on an application for employment, insurance, or a loan, then you must still give information about your set aside conviction.
But you should also explain that the conviction has been set aside. The language in the court order setting aside your conviction is powerful language. The order will show that the court set aside your judgment, dismissed the charge against you, and released you from all penalties and disabilities resulting from your conviction. A felony conviction suspends your civil rights, including your right to vote, serve as a juror, and possess a gun.
If you only have one felony conviction, then your civil rights except for your gun rights will be automatically restored after you have completed your sentence. For the restoration of gun rights, you must still apply under ARS Automatic Restoration of Gun Rights. With a conviction set aside, gun rights are automatically restored without having to wait two years after you have been discharged from probation or prison before you can normally to apply to restore gun rights.
Generally, as long as your felony conviction was not for a dangerous offense under ARS or a serious offense under ARS , then your gun rights are automatically restored if your conviction is set aside.
Misdemeanor Crimes of Domestic Violence. Misdemeanor convictions for domestic violence are unique in that Federal law 18 USC g 9 prohibits individuals from possessing a gun or ammunition when they have been convicted of a qualifying misdemeanor crime of domestic violence in any court federal, state, or tribal. This federal law is commonly known as the Lautenberg Amendment. However, if your Arizona misdemeanor conviction for domestic violence is set aside, then the federal prohibition against firearm possession does not apply under 18 USC a 33 B.
So, you must set aside any qualifying misdemeanor conviction of domestic violence to fully restore your gun rights. Under A. In vacating the conviction:. As a result, individuals who meet the requirements under A. Feel free to call our office to obtain further information about an expungement of your case. If you have been convicted of a crime in Arizona, there are two main reasons why hiring an expungement lawyer and having the conviction set aside can help.
The initial consultation is free. Generally speaking, a simple misdemeanor expungement will cost significantly less than a set aside that involves multiple felonies and their associated prison and probation documents. Tips for selecting a lawyer can be found here. Expungement Home Criminal Appeals Expungement.
Arizona Expungement Process Under ARS — Conviction Set Aside If you have been convicted of a misdemeanor or felony crime and have completed your sentence probation or prison , then you may be qualified to have your Arizona conviction set aside.
Expungement Meaning vs. Conviction Set Aside Expungement defined strictly, is not the same as a conviction set aside. Who is Eligible for Expungement? In Arizona, who is eligible for expungement under ARS for a conviction set aside depends on the following: Whether your sentence is complete. Whether your conviction is a disqualified conviction as listed in ARS Factors that a judge must consider by law under ARS Your sentence must be complete.
If you were placed on probation, then you can only file a set aside application after you have been discharged from probation.
You should submit any applicable order discharging you from probation along with your set aside application. If you were sentenced to prison, then you must submit a Certificate of Absolute Discharge issued by the Arizona Department of Corrections along with your set aside application.
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