For Tempe Setting Aside Convictions, Contact Robert A. Dodell, Attorney At Law
After the period of probation, parole or incarceration has been completed, a criminal conviction will still have an adverse effect on the person involved. It can be difficult to succeed when someone has record with a conviction. In Arizona there is no ‘expungement’ statute. The Arizona courts do not destroy criminal records. However, Arizona law, A.R.S. 13-907 allows for a that a “set aside” of the conviction.
The record will show the completion of all court requirements once the person has met the terms of the felony sentence. In Arizona, the majority of criminal convictions can be ‘set aside’. This statute means that the court can set aside the guilty judgment, dismiss any accusations and have the person released from disabilities and penalties which arose from the conviction, with the exception of those by the department of transportation.
The set aside puts a person’s past behind them, so long as they are not convicted again in the future. There has to be a clear focus on the future, rather than past actions.
The set aside statute is not applicable for a person who has committed one of the following offenses:
- A case which included inflicting serious physical injury.
- A case which included using or exhibiting a dangerous instrument or deadly weapon.
- A case for which the person is a registered sex offender.
- A case which found sexual motivation.
- A case where the victim was below 15 years of age.
- A case which included a violation of driving under a cancelled, revoked or suspended license, or a case relating to the operation, stopping or standing or title 28, chapter 3 offense excluding the offense of reckless driving.
The original record is not destroyed, but it shows that the judgment of conviction has been set aside. The conviction is available to be seen, and could be used to deny the person certificates, permits, licenses and employment. Future criminal cases can also make use of the conviction. There is no mandate in the set aside for the removal of the conviction from the person’s record. However, the set aside is still a fresh start. The record must state that the conviction has been set aside.
The criminal background check will put in a better position with a set aside in place. The set aside will assist you in job applications and interviews. Getting a job will be easier than if you had a criminal conviction on your record. If you are asked, you must disclose the conviction. However you should advise the employer that the conviction has been set aside and the charges from been dismissed. The set aside serves as a public document giving proof that you are not seen as a criminal.
Getting a set aside can be a difficult task. It is necessary for you to give convincing evidence to the court that you have changed and are deserving of a dismissal of the conviction. Get in contact with Robert A. Dodell today to get your name cleared. There is a lot at play here, including your future, your rights and your own freedom. That is why it is crucial for you to speak to a defense attorney who is aggressive and experienced. You can make contact with Robert A. Dodell, Attorney at Law, directly by phone on 480-860-4321 or by email to avail of a free consultation.