Phoenix Set Aside Lawyer

One mistake you make in your past should not have a permanent and devastating impact on your future. If a criminal conviction is causing you to lose potential career opportunities, find appropriate housing, or obtain a bank loan, consult an experienced attorney on the legal avenues having the conviction “set aside.”

Although Arizona does not have an option for expunging a criminal record, there are ways of improving your prospects through set aside status. At the Grand Canyon Law Group, a Phoenix set aside lawyer is here to help you protect your future and move forward with your life after serving a criminal sentence.

Eligibility for Set Aside Status

A set aside is not automatic, and eligibility requirements can be found in Arizona Revised Statutes (A. R. S) 13-905. Some of the crimes that are ineligible include the following:

  • Certain motor vehicle crimes, such as operating on a suspended license, hit and run accidents, or aggressive driving violations
  • Violent crimes, such as use of a deadly weapon or crimes resulting in serious injury
  • Crimes against children, such as any criminal conviction involving a child under 15

Obtaining a set aside can sometimes be a challenging process. Before filing an application for a set aside in Phoenix, a convicted person should contact an experienced attorney who understands the eligibility requirements.

When Can I Request a Set Aside?

It is important to understand when to apply for a set aside. People who have a prior conviction cannot always file a set aside request immediately, as there are conditions that a convicted person must meet before they can file such a petition. The petitioner must have completed all jail or prison time, fulfilled the terms of any probation, and paid all fines and restitution to be eligible to request a set aside.

An attorney who has experience filing these petitions in Phoenix can help a convicted person determine when to request a set aside.

Reasons to Pursue a Set Aside

Lenders, landlords, and potential employers all have access to public records. If someone has been previously arrested, charged, and convicted of a crime, these parties can gain immediate access to this information by running a background check. As such, setting aside a prior conviction for a crime can have positive effects in various areas of a person’s life, including child custody disputes, licensing for a job, or for other situations where a clean record is important.

It is important to note that a set aside is different than expungement, which is not an option in Arizona. When a criminal record is expunged, the individual can say they have never had a conviction for a crime. With a set aside, the conviction will still show up on the person’s record with the “set aside” status. This status is more favorable than a simple conviction and can open new opportunities for employment, loans, and housing.

Factors in a Set Aside Petition in Phoenix

Before a judge approves a set aside application, they will review various factors as well as consult the parties who may have been injured by the original crime. Some of the factors that may determine whether a set aside petition is accepted include:

  • The circumstances of the original crime
  • How well the convicted person has complied with their probation and other terms of the sentence
  • Whether they have committed additional crimes
  • How much time has passed since the crime was committed
  • Other relevant factors, such as the person’s age at the time of the original conviction

A knowledgeable local attorney could further advise on these factors and help a person with their set aside application.

Contact a Phoenix Set Aside Attorney Today

While a set aside does not completely erase a conviction from your criminal record, it can help you gain access to various opportunities and move forward with your life. If you have a prior conviction and want to learn more about this option, contact a Phoenix set aside lawyer at the Grand Canyon Law Group. We are here to help protect your way of life after you have served your sentence, so give us a call today to get the legal guidance you deserve.

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