“Her insight provides invaluable guidance and peace of mind.”

-R. Y.

© 2019 LisaLaw, LLC

MOTION TO SET ASIDE/EXPUNGEMENT OF CRIMINAL CONVICTION

If you have a felony conviction, you may want to have your Arizona felony conviction set aside by the court after you complete your sentence.  Reasons for doing so include enhancing your credibility when you tell future employers and others that you are rehabilitated and making it easier to restore your Second Amendment rights.  Setting aside your felony conviction does not erase or seal your criminal record; in that sense, it is not a true expungement.  A.R.S. § 13-907 is the Arizona statute that governs setting aside a felony conviction.  

 

According to A.R.S. § 13-907, the judge will consider the following factors to determine if your felony conviction should be set aside:

 

  • The nature and circumstances of your offense;

 

  • Your compliance with probation, the sentence imposed, and any Arizona Department of Corrections’ rules or regulations if you served time;

 

  • Your prior or subsequent convictions;

 

  • Your victim’s input and status of restitution if applicable;

 

  • The length of time that has elapsed since you completed your sentence;

 

  • Your age at time of conviction; and

 

  • Any other factor that is relevant.

 

If the judge decides to set aside your conviction, your judgment of guilt shall be set aside; your complaint, information or indictment shall be dismissed; and you will be released from all penalties and disabilities resulting from your conviction except those imposed by the Arizona Department of Transportation and the Arizona Game and Fish Commission.  Your conviction that is set aside may still be used by a prosecutor in a subsequent prosecution or by the Arizona Department of Transportation. 

 

A person cannot have his conviction set aside if it falls into one of the following categories:

 

  • a dangerous offense;

 

  • an offense requiring sex offender registration;

 

  • an offense where there was a finding of sexual motivation;

 

  • an offense where the victim was under fifteen years old;

 

  • an offense of driving on a suspended, revoked, cancelled or refused driver’s license;

 

  • an offense involving a local ordinance relating to stopping, standing or operation of a vehicle; or

 

  • an offense found in Title 28, chapter 3 except for reckless driving

 

If you hire Lisa to prepare your Arizona motion to set aside, she will thoroughly review all the factors, especially the “any other factor that is relevant.”  She will then write a persuasive motion to set aside your criminal convictions.

 

If you want the court to set aside your criminal convictions, make sure you get a persuasive, thorough attorney.  Call LisaLaw, LLC or fill out the online form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona set aside/expungement attorney serving clients in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon,  Tucson, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer