Set Asides in Arizona

An arrest or conviction for drunk driving, traffic offenses, or other criminal charges can come back to bite you later. Most employers these days perform criminal background checks. A conviction on your record may affect job prospects, college eligibility, and even the ability to obtain credit. The Rosenstein Law Group of Scottsdale can advise on whether you qualify for a set aside in Arizona. Our attorney represents clients in the Phoenix area and throughout Maricopa, Pima and Pinal counties.

Call 480-248-7666 for a free discussion of your situation. We are dedicated Scottsdale defense lawyers who are committed to protecting your future.

How Does a Set Aside Erase a Mistake?

Depending on your circumstances, it may be possible to have your drunk driving conviction, drug possession, or other criminal conviction set aside. If you have met all conditions of your sentence and probation, the court may agree to set aside DUI records, or other criminal convictions- as if you never pled guilty or were found guilty. There are some caveats like, for instance, law enforcement keeps a record. However, the information appears as a dismissal to an employer checking into your criminal past; You can legally declare on an application that your charges were dismissed and that you don’t have a criminal record.

In addition, obtaining a Set Aside will allow those convicted of an allowable felony to regain the right to vote, to own firearms, and to honestly check the box stating he or she is not a felon.

  • Note: If you were found not guilty in a DUI trial, or you were arrested and charges were dropped, you can also petition the MVD for complete expungement of your arrest. If you weren’t convicted, not even the police can use that information against you later.

Requirements for Setting Aside Your DUI Conviction

Your ability to set aside your DUI conviction will depend upon the specific circumstances of your case, your criminal history as well as several other factors. The judge will make a decision while taking into account numerous variables and then issue a ruling. Such factors include but are not limited to:

  • If the case was designated dangerous
  • If there were victims and if so, the age of those victims
  • If probation was assigned and how and when it was completed

The court will also weigh whether your DUI or other criminal conviction was a felony or a misdemeanor. If it was a felony, your only hope of successfully setting aside your conviction is to have an experienced DUI defense lawyer on your side. At the Rosenstein Law Group, we have had significant success in obtaining set asides for our clients – we often file many set asides each week. On the rare occasion when we have had a set aside application denied, our firm has gone the extra step to address any concerns the judge might have had so our clients have the best opportunity for success.

Our Guarantee to You — The Rosenstein Law Group will try to obtain a set aside for free if we are unsuccessful on our first attempt. We offer this “do it again for free” guarantee because we are confident in our abilities to obtain the best outcome possible on the first try.

Clear Your Criminal Record — Call Today for a Free Consultation

For a reasonable cost, you can remove a blemish forever. Contact a Rosenstein Law Group criminal defense lawyer for a free set aside evaluation.


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