Which Criminal Convictions Can Be Set Aside in Arizona? [Infographic]
Which Criminal Convictions Can Be Set Aside in Arizona
In some states, a criminal conviction can be erased or sealed, which is known as an expungement.
Arizona does not have an expungement law, but it does have what is known as a judgment of guilt "set aside".
A “set aside” vacates your judgment of guilt, which will help convicted individuals:
Clear a Criminal Record
Correct Any Mistakes in a Criminal Record
Be Viewed More Favorably by Employers
Section 13-907 of the Arizona Revised Statutes states, a set aside releases individuals from all penalties and disabilities resulting from the conviction.
There are some convictions that may not be set aside.
Criminal Convictions That Can Be Set Aside
The vast majority of criminal convictions in Arizona can be set aside, including:
DUI Convictions
Reckless Driving Convictions
Shoplifting
Misdemeanor Assault
Burglary
And More
Convictions That Cannot Be Set Aside
Section 13-907 says that a set aside cannot apply to persons who were convicted of criminal offenses that:
Involved a dangerous offense (using a gun, knife or car as a weapon or instrument of crime)
Involved a victim who was a minor under 15 years of age
Inflicted serious physical injury
Involved driving on a suspended or canceled license
Violated local ordinances related to stopping or operating a vehicle
If you are unsure whether your criminal conviction is eligible for a set aside, contact us to talk to an Phoenix criminal defense attorney who will help you understand your legal options.
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