ARIZONA SET ASIDE/EXPUNGEMENT AND GUN RIGHTS RESTORATION ATTORNEY

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. § 13-905 is the Arizona statute that governs setting aside a felony conviction.

According to A.R.S. § 13-905, 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 set aside conviction may still be used by the State or by the Arizona Department of Transportation.

If the judge sets aside your conviction, the court order must include a certificate of second chance if you were convicted of a misdemeanor; class 4, 5, or 6 felony and two years have passed since the completion of your sentence; or a class 2 or 3 felony and at least five years have passed since the completion of your sentence.

The certificate of second chance releases you from all barriers and disabilities in obtaining an occupational license issued under Title 32 that resulted from the conviction if you were otherwise qualified. It provides your employer with all the protections found in A.R.S. § 12-558.03. It also provides another person or an entity that provides housing to you wth all the protections limiting the introduction of evidence that are provided to an employer found in A.R.S. § 12-58.03(B).

If the judge does not issue an order including a certificate of second chance when your conviction is set aside, you may apply to the judge for a certificate of second chance after meeting the time requirements listed above.

If the judge sets your conviction aside, your Second Amendment right to possess a firearm is restored. Your Second Amendment right is not restored if you were convicted of a serious offense as defined in A.R.S. § 13-706.

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 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 “any other factor that is relevant.” She will then write a persuasive motion to set aside your criminal convictions.

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

SUCCESS IN SETTING ASIDE CONVICTIONS AND RESTORING GUN RIGHTS

Client owned a successful medical practice where he used innovative therapies to treat patients with traumatic brain injuries. Over fourteen years ago, he had pled guilty to one count of Fraudulent Schemes and Artifices and one count of Sale of a Dangerous Drug. The judge granted the Motion to Set Aside and restore gun rights that Lisa prepared without a hearing.

Client had a federal felony conviction for a white collar crime and wanted to restore his Arizona gun rights. The U.S. Attorney filed a response basically telling the Superior Court judge that he wasn’t allowed to do that. The Superior Court judge ignored the Response and granted the motion to restore Arizona gun rights without a hearing.