Phoenix Expungement Attorneys
Motion to Set Aside Conviction and Judgment of Guilt (Expungement)
Having a criminal conviction on your record can result in serious repercussions and consequences, including but not limited to difficulties:
- Obtaining employment
- Pursuing higher education opportunities
- Obtaining a license to work in various fields such as education, health care, fields requiring security clearance
- Suspension of your civil rights that may include your right to vote and to lawfully possess a firearm
A.R.S. § 13-907 provides in pertinent part that:
Every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside.
There are certain exclusions to this right to apply including cases involving dangerous offenses, sex-related offenses, offenses where a victim of under 15 was involved, and certain motor vehicle offenses.
An expungement can help you seal criminal records from your history.
MayesTelles PLLC can help you determine if you qualify for expungement, and if you do, walk you through the process so your records are sealed.
Can I have my conviction set aside or expunged?
Many people refer to the process as "expungement" or "expunging a conviction" from their record. Setting aside a judgment and conviction pursuant to A.R.S. § 13-907 is the substantially-equivalent process in the State of Arizona. In considering whether to set aside a conviction and judgment of guilt, the Court will consider a number of factors, including:
- How long ago the offense was committed
- How long ago the conviction occurred
- The type of offense
- The sentence (including any imprisonment, probation, fines, and fees)
- Whether the individual has fully complied with their sentence and satisfied all of its terms
- The individual's character and contributions to the community
Depending on the court, the nature of the offense, and the individual's circumstances, a successful motion to set aside can be pursued in as short a time as six months following a conviction.
How to Pursue a Set Aside Conviction
The process for moving to set aside usually involves significant research, the drafting of a motion, and participating in a hearing with the Court. Having a knowledgeable and competent attorney represent you during the set aside process may mean the difference between success and failure, which can have significant monetary and other impacts on your life. Contact the experienced and knowledgeable Phoenix criminal attorneys at MayesTelles PLLC today to discuss setting aside your prior felony or misdemeanor conviction.
You can reach us at (602) 428-7104, schedule a free consultation now!