How can you restore your rights after a conviction?

How can you restore
Aug 02 2022
Ryan Garvey Attorneys

A criminal conviction on your record affects many areas of your life, minimizing your access to jobs, housing, education and more.

Under Arizona law, you may qualify to set aside your prior conviction and restore your rights, enabling you to gain forward motion with your life.

What does setting aside a judgment mean?

Arizona courts will only set aside a criminal conviction once you carry out your penalties. Setting aside a conviction is not the same as an expungement. When a judge expunges a crime, it removes it from your record. With a set-aside, the public can still access your criminal record. However, it will have a notation stating the new judgment.

Why should you consider filing to set aside a conviction?

You face many consequences when you have a felony crime on your record. You cannot serve on a jury or own a weapon. You will likely fail employment and housing background checks or have trouble qualifying for financial aid. Employers, lenders and other institutions look more favorably on your record when a court has set it aside.

How do courts determine if you are eligible for a set-aside?

A judge assesses various components before deciding if you qualify to set aside your conviction. Courts look at details, such as:

  • The circumstances of your crime
  • The nature of your offense
  • Your age at the time of conviction
  • Any additional convictions on your record
  • Your sentence compliance
  • The amount of time since completing your penalties

When you can successfully set aside a prior conviction, it can help you overcome many obstacles. You can increase your earning capacity, qualify for loans and move forward from your criminal record. Understanding the relevant laws, filing process, and court procedures help you free yourself from the restrictions of your criminal record.

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