Can I get my felonies set aside in Arizona, with an aggravated robbery in 2012 and an aggravated assault dv in 2015
I have a conviction of aggravated robbery in 2012 in Arizona. The originally charged me with armed robbery, aggravated assault with a deadly weapon and 1st degree burglary. In 2015 I was convicted of aggravated assault dv. I was wondering if and when I can get those at aside or if they are considered dangerous crimes.
3 attorney answers
Whether you crimes are designated "dangerous" will be identified in your plea agreement. As part of plea negotiations we sometimes see crimes listed as a non-dangerous felony. If designated dangerous, you will not meet the criteria set forth in A.R.S. 13-905 (the statute governing set asides). It would be a good idea for you to collect your Pleas from the 2012 conviction and the 2015 conviction and sit down with a lawyer to discuss the possibilities.
Do I qualify for a Set Aside?
I agree with Attorney Schneider.
Arizona’s set aside statute, A.R.S. 13-905 allows you, after a conviction, to have that guilt set aside. To be eligible your conviction can not have been for (1) a dangerous offense; (2) an offense requiring sex offender registration; (3) an offense with a finding of sexual motivation; (4) a felony offense in which the victim was a minor under the age of 15; and (5) driving on a suspended license, a local ordinance related to stopping, standing, or operation of a vehicle, or Chapter 3 of Title 28 of the Arizona Revised Statutes. Attorney Schneider is correct, you have to pull up your plea agreements and look at the specifics of your case.
If eligible, the Court is required to consider the following factors in deciding whether to have the conviction set aside: (1) the nature of the conviction; (2) your compliance with the sentence or probation; (3) prior or subsequent convictions; (4) the victim’s input; (5) the length of time that has elapsed since completion of your sentence; (6) your age at the time of conviction; and (7) any other factor the court believes to be relevant. Having considered these factors, if the court decides to grant the petition it will “set aside the judgment of guilt, dismiss the complaint, information or indictment and order that [you] be released from all penalties and disabilities resulting from the conviction” except certain ones issued by the Department of Transportation and the Game and Fish Commission.
A set aside does not remove the conviction from your record. Going forward, however, it will be notated as having the guilty finding having been set aside.
Hallam Law Group
Dangerous crimes are not eligible to be set aside in Arizona. Dangerous offenses are designated “dangerous” by the prosecution. If you pled to a charge with a dangerous designation, this information should be available on your sentencing paperwork from the court. If eligible, on fulfillment of the conditions of probation or sentence and discharge by the court, you may apply to the court to have the judgment of guilt set aside.
While applications to set aside a conviction are available on most county websites in Arizona, if you are unsure of your eligibility, a qualified criminal defense attorney in Arizona will be able to assist you in the process of determining eligibility and preparing your paperwork for the best possible result.