This article begins a discussion on setting aside a judgement of guilt in the state of Arizona. I am addressing this issue due to the fact that, for understandable reasons, one may be under a mistaken assumption as to how their record impacts them and whether it can be set aside. These mistaken assumptions can prevent an individual from moving their life forward. I am writing this series, therefore, with the goal of providing information which will help people better understand their particular set of circumstances. It is also my goal to provide information which can assist with the selection of an attorney. If you or a loved one are in need of assistance, then contact my office today to speak with a Phoenix lawyer.
I will be addressing several issues over my coming articles. Issues which I will be analyzing include the following:
- What does it mean to “set aside a judgment of guilt?”
- The eligibility requirements for a set aside
- The difference between a set aside and an expungement
- The difference between a set aside and sealing a record
- The impact of setting aside a conviction and firearm rights
- The importance of retaining an attorney to assist you
I have chosen to address these particular topics for a number of reasons. First, while a set aside does vacate a conviction and restore many rights, it does not hide a record from public view. This means that such a record can still show up on a background check. Second, not all convictions are eligible to be set aside. Convictions for dangerous offenses, for example, are not eligible for a set aside. A.R.S. 13-905(P)(1). Third, both an expungement and a sealing of a record can hide the conviction from public view, but come with different requirements. Third, setting aside a conviction can generally be a path towards restoring firearm rights. Finally, retaining an attorney to assist you can be crucial. This is due to the fact that, counsel will work to ensure that all steps of the process are handled correctly to avoid delaying the matter.
A key point to make is that if one is eligible to set aside their record, then they may wish to do so as soon as possible. There are many individuals who are eligible for this process, who do not take advantage of it out of belief that it is not immediately necessary. The loss of a job, housing, or other need can sometimes be quick. Should an unexpected event arise, already having a record set aside can help ensure an individual is prepared to pass a background check when needed. An experienced attorney can assist you with determining your eligibility as well as the path forward.
If you need assistance with setting aside a judgment of guilt, then contact my office to speak with a Phoenix lawyer. I believe that everyone is entitled to a second chance and my firm will give your matter the attention it deserves. Reach out online or by telephone. I look forward to speaking with you.
My office also services Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson.