Tempe Set Aside Lawyer
You served the sentence imposed, paid the fine, and completed all other court-ordered requirements. You are ready to move in a positive direction with your life, but your conviction continues to be an obstacle. If this sounds familiar, you may need the assistance of a Tempe set aside lawyer. At the Grand Canyon Law Group, our dedicated attorneys are here to help improve your situation and reach your goals. You have a way of life worth saving—let us help you move forward.
Distinguishing between a Set Aside and an Expungement
Expungements and set asides are two different forms of post-conviction relief. An expungement eliminates the criminal activity from your record as if it never occurred. Arizona law does not allow for expungement.
Instead, specific individuals who have completed their sentences for Tempe crimes may be able to have those convictions set aside. A set aside does not erase the event, but it may influence the outcome of future prosecutions and fingerprint reviews for specific clearances.
The benefit of a set aside is that the court will order a dismissal of the person’s case, vacate the guilty judgment, and may issue a certificate of second chance under Arizona Revised Statutes §13-905(A). Notably, the person’s conviction record will contain a notation that the person received a set aside. If anyone pulls their criminal history, they will see this explanation indicating that the person learned from their mistakes.
The Importance of Securing a Set Aside
Even though a conviction remains on a person’s record, set asides make it easier for individuals to find employment or housing. Employers or landlords who request a background check will see that a Tempe court recognized that the person is staying out of trouble with the law, deserves to have their case dismissed, and is worthy of a second chance. Other benefits of obtaining a set aside include a reversal of penalties imposed by the Department of Transportation and the Game and Fish Commission.
This second chance helps individuals regain many aspects of their li ves, but it does not address the restoration of their civil rights (e.g., the right to vote). That process is separate from the motion for a set aside, as established in Ariz. Rev. Stat. §§ 13-907 and 13-908.
Our lawyers are familiar with the set aside process and can help individuals in the Tempe area file their applications for this relief. Our experienced attorneys can guide individuals through the process of reestablishing their civil rights.
Not All Convictions Can Be Set Aside in Tempe
Both misdemeanor and felony offenders in Tempe may petition the court for a set aside. However, Ariz. Rev. Statutes § 13-905(N) identifies situations where a court may not grant the motion. They include dangerous offenses, crimes requiring sex offender registration, sexually based offenses, or crimes where the victim is a minor under 15 years old.
By consulting with a seasoned attorney at our firm, individuals may better understand if they are eligible to apply for a set aside.
Factors in Securing a Set Aside
Courts do not automatically grant set aside applications. Ariz. Rev. Stat. § 13-905(C) lists the key factors a judge considers when deciding whether to approve a petition. The factors include:
- The nature and circumstances of the offense
- How well the individual complied with their sentence and cooperated with probation
- Other convictions (both before and after the one at issue)
- Victim input
- The amount of time passed since the offense
- Applicant’s age when the offense occurred
- Other appropriate factors
Our Tempe attorneys regularly prepare set aside motions and can assist an applicant in submitting compelling arguments to the judge.
Consult a Tempe Attorneys to Obtain a Set Aside
Although obtaining a set aside does not wipe your record clean, it does allow you some control over how others view your criminal record. To obtain this life-changing relief, consult a Tempe set aside lawyer on creating a strong application. With help from the Grand Canyon Law Group, you can be better equipped to present a strong case and protect your future prospects. Our team is ready to speak with you today, so do not hesitate to contact us.