Hire Robert A. Dodell, Attorney At Law, for Setting Aside Conviction

A criminal conviction will adversely affect a person, even after the completion of probation, incarceration or community supervision (parole).  Success can be difficult with a conviction record.  Arizona does not have an ‘expungement’ statute, where the court essentially destroys the criminal record.  Under Arizona law, A.R.S. 13-907, the alternative statute is a “set aside” of the conviction.

Once you have completed all the terms of the misdemeanor or felony sentence, the criminal record will also show that the person successfully completed the court requirements.  Most criminal convictions can be “set aside” in Arizona.  A set aside allows the court to “set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the department of transportation”.

The set aside has the effect of putting aside a person’s past as long as there are no further convictions. The focus needs to be on moving forward, rather than on past transgressions.

A set aside statute does not apply to a person convicted of criminal offenses:

  1. Involving the infliction of serious physical injury,
  2. Involving the use or exhibition of a deadly weapon or dangerous instrument,
  3. For which the person is required or ordered by the court to register as a sex offender,
  4. For which there has been a finding of sexual motivation,
  5. In which the victim is a minor under 15 years of age, or
  6. In violation of driving on a suspended, revoked or cancelled license, any ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3 offense, with the exception of reckless driving.

The original record reflects the set aside of the judgment of conviction, but the original record is not destroyed.  The conviction is still available and may be available for use to deny an individual certain types kinds of employment, licenses, permits or certificates.  The conviction can be used against the person in future criminal cases. The set aside, though, does not mandate that the conviction be removed from one’s criminal record. But the set aside is a new beginning. The record should, however, show that the conviction has been set aside.

The criminal background check will show you in a better light. The set aside can help on a job application or interview.  It will make it easier to get a job, than having the criminal conviction on your record. While a conviction must be disclosed, if you are asked, you applicant should inform the employer that the conviction “has been vacated or set aside and the charges dismissed.”  This is the language the court uses in sitting aside the conviction.  By obtaining a set aside, it shows employers searching a criminal record that the charged are dismissed. It is a public document that shows you are not a criminal.

The process of obtaining a set aside can be a complicated.  You must convince the court that you have changed and deserve to have the charges dismissed. Contact Robert A. Dodell, Attorney at Law, now, to restore your good name. Your freedom, your rights and your future are at stake. It is very important that you speak to an experienced and aggressive criminal defense attorney. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.