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What does "order setting aside judgment of guilt" mean?

Glendale, AZ |

M grandson was convicted of possession of marijuana in 2009. We asked the judge to dismiss and set aside the conviction. We got an email that said"order setting aside judgement of guilt". Along with the date. No further information was provided. I called the court to ask exactly what that meant. The clerk replied that I have to get a lawyer to interpret the answer. Help. Thanks for any assistance

Attorney Answers 3

Posted

As Mr. Kephart said, it looks like the court "set aside" the conviction. This is the best you can do in Arizona for cleaning up your record. It allows you to restore your right to vote and right to bear arms. But you still have to disclose the fact of the conviction when asked (by potential employers for example), and it will still be used to enhance a sentence for any future offenses (hopefully there will be none).

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Posted

Sounds to me like the judge granted the motion to set aside.

Attorney David Kephart is an experienced Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.

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Posted

The court granted the motion. As to the right to bear arms that right needed to be specifically requested in your motion. If it was not then by law you are not able to posess weapons.

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