Gilbert Set Aside Lawyer

Having a criminal record can haunt you for years. Long after you pay your fines and serve your sentence, a conviction can cause problems in your personal and professional life. Fortunately, for some people, there is an opportunity for a fresh start.

“Set aside” orders provide you with an opportunity to move past your prior legal issues. If you have paid your debt to society and remained out of trouble, you can obtain relief with the help of an experienced criminal defense attorney. Reach out to a Gilbert set aside lawyer to learn more about your options.

Understanding Set Aside Orders

It is important to understand what these orders accomplish and what they do not. They are not a form of expungement that erases a person’s criminal conviction entirely. These orders will not make it impossible for the general public to learn details about a person’s interactions with the court system.

A defendant’s criminal history remains a matter of public record. Instead, there will be a notation that the conviction has the Set Aside designation. This is an indication that the defendant served their sentence, paid their fines and court costs, and completed their debt to society.

While this option is available for many felonies and misdemeanors, there are charges that will not qualify. The six factors that render a person ineligible include criminal offenses:

• Involving serious injuries
• Using a deadly weapon
• Requiring sex offender registration
• With a sexual motive
• Targeting victims under the age of 15
• Violations related to stopping the operation of a vehicle

A set aside attorney in Gilbert can help a person convicted of a crime determine if they qualify.

The “Set Aside” Application Process

A person seeking one of these orders must follow a particular legal process. First, there is a formal waiting period they must complete. The length of time varies on the type of charge, including the following:

• Misdemeanors: no wait
• Class 4, 5, or 6 felonies: two years
• Class 2 or 3 felonies: five years

The court will not initiate the set aside process on its own. Instead, an individual must petition the court to initiate the process.

Reasons to Pursue Relief

There are many valid reasons for seeking and obtaining a set aside order from a judge. While it is true that these orders will not erase a conviction entirely, recognizing that the conviction was set aside can have a tremendous impact on a person’s life. A set aside lawyer in Gilbert can make this relief a reality.

Countless criminal record searches are conducted every day. Lenders use this data when deciding on whether to approve or reject a loan and prospective employers make hiring decisions based on a person’s criminal history. Even landlords can refuse to rent to a person based on their prior convictions.

These orders do not erase all records of a conviction. Unlike expungements, this process does not allow a person to claim they have never been found guilty of a crime. Despite these limitations, background searches consider convictions denoted as “set aside” more favorably than other outcomes.

Call a Set Aside Attorney in Gilbert Today for Representation

Getting a fresh start following a criminal conviction could make a tremendous difference in your life. From securing a job to finding adequate housing, this outcome could be pivotal in moving on from past mistakes. Reach out to a Gilbert set aside lawyer to learn more about your options. Grand Canyon Law Group wants to help you get back your way of life.