Aggressive and Dedicated Advocacy Rooted in Humility, Integrity, and Respect
Remember that conviction is not the end. Even if you have a conviction on your criminal record, the legal system offers a form of post-conviction relief that could help to slightly alleviate the burden of such a mark on your record. At Navarro Law, we firmly believe in protecting our clients’ rights and helping them obtain the future they deserve. We will fight aggressively and steadfastly for your case, but we will also maintain a human touch to our litigation methods rooted in a genuine and heartfelt care for the individuals we work with.
What Is a Motion to Set Aside?
Some states have what is known as “expungement,” which is a post-conviction relief option that erases from public view an individual’s prior conviction. Arizona does not offer expungement and instead offers a “motion to set aside,” which is similar to sealing a criminal conviction.
A person who has successfully obtained a motion will have the conviction “set aside” from their criminal record. Note that the actual conviction will still be searchable in the Department of Public Safety’s database, though it will be clearly noted that the conviction has been set aside. This generally frees a convicted individual from certain negative implications that may result from having a criminal record.
Who Is and Is Not Eligible to Obtain a Motion to Set Aside?
Convicted individuals who have met the requirements of their sentence may petition for a motion to set aside after a specified duration. However, certain crimes are not eligible to be set aside. In particular, individuals convicted of the following offenses may not petition for a motion to set aside:
- certain felonies classified as dangerous offenses;
- those involving serious bodily injury;
- those involving the use of a deadly weapon;
- those involving alleged victims younger than 15 years old;
- sex crimes that require the defendant to register as a sex offender;
- driving offenses like driving on a suspended license.
Call (480) 300-3040 or contact our firm online to schedule a free initial consultation today.
Everyone Deserves a Fresh Start. Let Navarro Law Help.
While a motion to set aside may not remove all the effects of a conviction, it still provides you a minor leg up after being charged with a crime. Our legal team at Navarro Law can help you determine whether you are eligible for a motion to set aside and guide you through the petition process. Seize whatever opportunity you have to lighten your post-conviction life; let Navarro Law help you build a strong case for setting aside a past conviction.
Schedule a free consultation by phone at (480) 300-3040 or online to discuss your legal options in more detail.