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Almost 80% of employers conduct background checks on job applicants. Many employers deny employment to those with criminal records. Additionally, a criminal record can prevent you from getting housing or a student loan. You can, however, take steps to lessen how much a criminal record impacts your life. The process is called expungement or record sealing. In the meantime, it is currently possible to petition for a set aside.

Not all offenses are eligible for a set aside in Phoenix, and if you are considering petitioning for a set aside of your criminal records then you should understand not only the benefits but limitations involved in doing so. The experienced attorneys at AZ Defenders, who include former state, county, and city prosecutors, have helped many people to have their convictions set aside here in Arizona.

Who is Eligible for an Arizona Set Aside?

In order to petition for a Set Aside in Arizona, you need to have met the terms of your sentence. In other words, all of the following must have been completed:

• All jail or prison time
• All parole or probation periods
• Any required alcohol or substance abuse programs
• Any required anger management or other behavioral modification classes
• Plus, all fines must be paid in full

You can petition to set aside offenses ranging from felonies to misdemeanors, including Arizona driving offenses like DUI. If you have been convicted of two or more felonies, however, or have been sentenced to prison, then you must wait two years before petitioning the court for a Set Aside.

Additionally, the law also excludes some offenses from being eligible to be Set Aside pursuant to Arizona Revised Statute Section 13-907. Some of these include:

• Offenses involving serious bodily injury
• Offenses using dangerous instruments or displaying a deadly weapon
• Sexually motivated offenses or offenses requiring a person to register on the sex offender registry
• Offenses including driving on a canceled or suspended license
• An offense where the victim was under the age of fifteen
• An offense involving a violation of a local ordinance dealing with standing, stopping or operation of a vehicle

The Limitations of a Set Aside

Set asides, unfortunately, come with limitations. 

Erasing a conviction: In Arizona, obtaining a set aside will, unfortunately, not erase the conviction from your criminal record. If another person or entity performs a background check, the conviction may still appear on your record. However, it will also indicate that the charges were dismissed. In a set aside, the court vacates the judgment and dismisses the charges.

Employment disclosure: Additionally, if you obtain a set aside then you may have to explain the arrest because the arrest cannot be dismissed. Most companies, however, are more concerned with convictions.

Evidence in future offenses/penalties: The state can also still use set aside convictions in prosecutions for future offenses. The set aside will also not affect penalties the Department of Transportation imposes, such as a driver’s license revocation.

Right to vote/own a handgun: Further, a person who obtains a set aside of a second felony conviction does not automatically have his or her civil rights restored, such as the right to vote. There is a separate petitioning process that is needed to complete. Additionally, a set aside does not automatically return your right to own a gun. If you want to apply to have your civil rights restored, please contact our Phoenix set aside and expungement attorneys.

The Benefits of a Set Aside

A set aside also helps people to put their mistakes in the past and focus on their futures. Despite the limitations of a set aside, you can still benefit from the process. By obtaining a set aside, it shows people or entities searching an individual’s criminal record that the charges have been dismissed.

The Importance of a Criminal Defense Attorney in a Set Aside Case

Obtaining a set aside can be a complicated process. A person petitioning for a set aside needs to convince the judge that he or she has changed and deserves to have the conviction set aside. It is helpful to hire an experienced Phoenix criminal defense attorney knowledgeable in handling set asides to help present your case in the most persuasive way possible.

Restoration of Civil Rights

A felony conviction in Arizona almost always results in the loss of your civil rights including:

• The right to carry or even possess a firearm
• The right to vote
• The right to serve on a jury
• The ability to hold certain professional licenses
• The ability to work in certain professions and hold certain jobs

Once you have completed the terms of your sentence (all jail or prison time, all parole or probation periods and terms, and paid all fines in full) the experienced attorneys here at AZ Defenders can help you file a Petition to Restore your Civil Rights and a Petition to Restore your Firearm Rights (they must be filed separately, and often the firearm petitions will not be granted as quickly as other civil rights restoration petitions). 

Contact a Phoenix Set Aside Attorney Today

If you want to apply to have a criminal conviction set aside or apply to have your civil rights and firearm rights restored, please contact the AZ Defenders at (480) 456-6400 for a FREE consultation. We are available to answer your questions 24 hours a day, 365 days a year.