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A criminal conviction can significantly impact your life in various ways. Even after you pay your debt to society through time spent in jail, the payment of fines, and serving time on probation, a criminal conviction will still appear on your record. This may make it difficult to find a job, go back to school, or secure housing.
However, state law does allow a process for convicted people to seek a fresh start. A Tolleson set aside lawyer is ready to help you prove to a judge that you deserve to have a criminal conviction removed from your public record. The dedicated attorneys at Grand Canyon Law Group are committed to helping you move forward with your life.
A set aside order means a court will remove a criminal conviction from a person’s public record. This can improve many parts of a convicted person’s life. However, those considering this remedy must meet the law’s minimum requirements and convince a court that they are no longer a threat to society.
The process begins with submitting a formal request as defined in Arizona Revised Statute § 13-905. This request must include information about the original conviction and explain why a set aside order is necessary and beneficial. The first step is determining whether an individual is eligible for this relief.
If the criminal conviction involved a misdemeanor, a person may make a set aside motion as soon as they have completed their obligations related to the conviction. This includes serving time in jail, completing probation, and paying all fines.
Felony convictions come with a waiting period. Class 4, 5, or 6 felonies require a person to wait no less than two years after the completion of their sentence. Class 2 or 3 felonies increase this waiting period to five years. Additionally, certain convictions are never eligible for set aside orders. These usually include severely violent crimes or incidents of a sexual nature. Our Tolleson attorneys can provide further information about the legal process for obtaining a set aside order.
A criminal conviction comes with many consequences, including the creation of a public criminal record that anyone may access. People with these records may have difficulties looking for work or a stable place to live.
The main benefit of a set aside order is that dismisses the complaint, information, or indictment and orders that the person be released from all penalties and disabilities resulting from the conviction. A successful petition will allow a person to say that they have never been convicted of a crime when filling out job applications.
However, it is important to recognize that the conviction will not disappear entirely. Police officers and courts will still have access to this information. This becomes relevant if an arrest happens in the future and prosecutors want to know if a defendant has any prior convictions. Still, working with a skilled lawyer to obtain a set aside order is a huge step in securing a better future.
A set aside order can help put an unpleasant experience behind you. If you have completed your obligations following a criminal conviction and remained out of legal trouble, you may be eligible to have a conviction removed from your public criminal record.
A Tolleson set aside lawyer is ready to help you with this process. The attorneys at Grand Canyon Law Group can explain the legal requirements for obtaining a set aside order and determine your eligibility. We will take the lead in gathering the necessary information for court petitions and building a strong case to present before judges. Reach out to our firm now to get started.