Menu FREE Consult Request
DUI and Criminal Law Specialists
Available to help 24/7
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Should I Bother to Apply for A Set Aside?

Unlike many other states, Arizona does not have an expungement law on the books. That means that once you are convicted of a crime, that crime will stay on your record forever. Fortunately, that's not the end. Arizona law provides for those convicted of certain crimes to apply to have their conviction set aside.

What does a set aside do?

If granted, such a petition sets aside the judgment of guilt. This means that you are no longer guilty of the offense that you were convicted of. The charging instrument, be it a complaint, information, or an indictment is dismissed. That means that you can truthfully say that the charges were dismissed. Finally, you are ordered released from all penalties and disabilities resulting from the conviction with few exceptions related to the Motor Vehicle Division and the game and fish commission. A set aside updates your criminal history with an annotation that the conviction has been set aside.

What does a set aside not do?

A set aside does not mean that the government can't use the offense as a prior conviction to enhance sentencing in the future. It does not mean that it cannot be used against you in trial if it otherwise could be. It does not mean that it cannot be alleged as an element of an offense, e.g. prohibited possessor without gun rights restored. A set aside does not redact or remove any part of your criminal history.

Am I eligible for a set aside?

If you fulfilled all of the conditions of your probation or sentence and been discharged by the court then you may apply to have your sentence set aside, so long as the conviction is not (1) a dangerous offense; (2) one for which you have to register as a sex offender; (3) one in which there has been a finding of sexual motivation; (4) one in which the victim is a minor under the age of 15; (5) for certain motor vehicle offenses.

So should I bother to apply for a set aside?

If you are eligible then you should absolutely apply for a set aside. A set aside helps you control the appearance of your criminal record and allows you to truthfully explain that your case was dismissed. If you are considering a set aside for your conviction then call the attorneys at AZ Defenders today at 480-248-7666 for a free consultation. We will review the facts of your case with you and together find the best approach to getting a set aside granted for you.

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
Rosenstein Law Group Best Lawyers 2020 Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.


Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request