What does a set aside conviction mean?
Setting aside a conviction (sometimes called getting an expungement) will remove a specific conviction from your public criminal record. If you get an order setting aside your conviction, you can legally state on any job or school application that you have never been convicted of or arrested for that crime.
How long does a set aside take?
Typically, it takes about 3 to 4 months to expunge an Arizona record. We will file your petition as quickly as we can, but the timeframe can vary depending on the specifics of your case, including how long ago your case was and whether the DA objects to the set aside.
What is the difference between expungement and set aside?
Sealed Records: State-Specific Examples In Arizona, for example, a criminal record can’t be expunged. Instead, a person with a criminal record can obtain a “Set Aside.” A “Set Aside” doesn’t clear or hide a conviction, but rather indicates that the offender has completed all penalties associated with the crime.
What does set aside Judgement of guilt mean?
If the Court grants the application to set aside a conviction, the Court will set aside the judgment of guilt. Then the Court will order the person’s release from all penalties and disabilities resulting from the conviction, except: The penalties and disabilities imposed by the department of transportation under A.R.S.
Does AZ expunge records?
The short answer is that criminal record expungement in Arizona doesn’t exist. According to Arizona Admin. Code R13-1-102, you cannot erase or seal an arrest or charge on an Arizona criminal record. Your criminal record will remain with you until you reach the age of 99.
How long do you have to wait to get your record expunged in Arizona?
2. The defendant cannot have any additional criminal convictions from anywhere between three months and six years from the date of the completion of the original sentence and/or probation that was tied to the original conviction.
How do you get a felony reduced to a misdemeanor in Arizona?
Steps For Having Felony Dropped To MisdemeanorReceive or negotiate for a class 6 felony charge conviction.Complete the terms of sentencing.Successfully meet all of the requirements of your probation.Work with your attorney to secure an agreement to reduce the charge on your record to a misdemeanor.
Can felonies be dropped?
A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.
Can a felony be dropped after probation?
The conclusion of the preliminary hearing; The time of felony sentencing in a California case; or. A felony can be dropped to a misdemeanor after probation if it is successfully completed.
Can a Class 4 felony be reduced to a misdemeanor?
If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record.
Is it better to take a plea or go to trial?
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.
Do first time felony offenders go to jail?
Possible Punishment Depends on the Crime In some states, there are classes of felonies, which have standardized punishments. So a Class 2 felony in some state might carry 5-10 years in prison as punishment. We set punishment based on the offense for first-time felony offenders. So there are no “classes” of felonies.