This article continues my discussion on setting aside a judgment of guilt in the state of Arizona. My last article provided an overview of topics that this series will be addressing. It also stressed the need to speak with an attorney if you are preparing to begin the process of cleaning up a criminal record. Speaking with counsel can be an important step as having representation helps to ensure that the process is handled correctly. This can help to prevent the process from being delayed, and may even help to prevent a denial of one’s application. In this article, I will be discussing what it means to set aside a record. If you require assistance, then contact my office today to speak with a Phoenix lawyer.
Setting aside an Arizona record will vacate the record but will not remove it from public view
If an individual’s conviction is set aside under A.R.S. 13-905, then the conviction will be vacated and the charges will be considered dismissed. With certain exceptions, which will be discussed more in depth in a later article, an individual’s rights will also be restored. This includes the right to bear arms. The charge and conviction, however, will remain on one’s record and will be visible in a background check. While there will be an annotation on the person’s record stating that the record has been set aside, and a “certificate of second chance” may also be provided. This means that when applying for housing or employment, for example, one may have to disclose the conviction but will be permitted to state that it has been vacated and set aside.
The foregoing shows that there are benefits and limitations when it comes to setting a record aside. Many of the benefits are obvious. Again, one can regain the right to vote, to bear arms, and the automatic disqualification for certain career fields can be lifted. A set aside can also help one who is applying for work or for rental housing by allowing them to clarify that they are no longer considered as having been convicted of a crime. The fact that the record is still visible on a background check, however, can remain problematic. Many employers may not wish to hire someone who had previously been convicted of an offense, even if the charge is now considered to have been dismissed. The same can often be said of landlords when renting a home to an applicant. Quite often, employers or landlords will reject an applicant with a conviction and state some other reason for the rejection. With that said, there are also employers and landlords who will look past a set aside conviction. So, while setting aside a conviction fails to put someone in the same position that they would be in had they not been arrested, it does put them in a better position than they would otherwise be.
A key element of the benefits discussed above is that certificate of second chance comes with a legal requirement that one be free of “…all barriers and disabilities in obtaining an occupational license.” This means that professional licensing bodies may not prevent someone from obtaining a license on the basis of the prior conviction. This can be critical for those who wish to enter fields such as nursing, mental health therapy, real estate sales, and more. So, if one is considering entering such a field, but is concerned about a record, they can deal with the issue by setting aside the conviction.
A benefit of a set aside is that one may utilize it once they have completed all requirements of their sentence and have been discharged by the Court, as long as they are otherwise eligible. In this regard, Arizona provides greater options than do many other states for individuals who are attempting to clean up their past. Furthermore, setting aside a conviction does not interfere with a person’s right to seal or expunge it in the future.
Setting aside an Arizona conviction does not prevent it from being relevant for certain purposes
It must be noted that there are other limitations to the effect of setting aside an Arizona conviction. An example of this includes the fact that the conviction will still be considered when a Judge is issuing a sentence for future offenses. Another example is that it will still be considered a “prior conviction” for offenses that carry elevated sentences for individuals with a prior. To fully understand what a set aside does, and does not, do, it is strongly suggested that one consult with an attorney.
If you believe you may be eligible to set aside a judgment of guilt, then contact my office today to speak with a Phoenix lawyer. My firm is built on the belief that everyone is entitled to a second chance, and I have extensive experience in handling such matters. 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.