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How is a set-aside different from an expungement?

| Mar 14, 2021 | Criminal Law | 0 comments

Having a criminal conviction on your record is a difficulty: it can potentially affect everything from the kind of job that you have to where you can live. Many people in Arizona wonder if they can receive an expungement of their criminal records after a certain amount of time has passed.

Unfortunately, the state of Arizona does not possess any expungement statute. Instead, a defendant may request to set aside some convictions from his or her record depending upon mitigating circumstances.

How is setting aside different from expungement?

In the majority of states, expungement means that the criminal charge completely disappears from the record, forever. It is like the charge never occurred. However, in Arizona this is not possible.

Instead, in certain situations offenders may apply to have their conviction set aside. This essentially means that the actual nature conviction will not show up in a basic background check. However, it will still show up in public records, but as a dismissed charge.

Can any conviction be set aside?

No. There are certain convictions in the state of Arizona that an individual may never have set aside. These criminal offenses include crimes that involve causing another person serious injury, the use of a deadly weapon or other dangerous incident, or a crime that has sexual motivation behind it.

It is also possible that other circumstances may apply and prevent you from having certain convictions set aside. It is important to have legal counsel to guide you through this process if you would like to have certain convictions set aside in the state of Arizona.