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"Setting aside" a conviction

Any person convicted of a crime, upon fulfillment of their conditions of probation or sentence and discharge by the court, may apply to the judge who pronounced sentence or imposed probation, to have the judgment of guilt set aside.

An application to set aside the conviction may be made by the convicted person or by the convicted person's attorney or probation officer.

If the application is granted, the judge shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction.

Even after a conviction is "set aside," it can still be used against you, for example:

  • Driver's licenses may be suspended and revoked
  • The conviction may still be used as a prior conviction
  • Revocation of hunting licenses and other actions by the Game and Fish Commission

Persons who may not have their convictions "set aside"

  • Persons convicted of crimes involving the infliction of serious physical injury.
  • Persons convicted of crimes involving the use or exhibition of a deadly weapon or dangerous instrument.
  • Persons who are required to register as sex offenders.
  • Persons convicted of crimes for which there has been a finding of sexual motivation .
  • Persons whose conviction involved a victim who was a minor under fifteen years of age.
  • Persons convicted of DUI and Aggravated DUI.
  • Persons whose conviction involved violation of certain traffic laws like driving with a suspended, revoked, cancelled or refused license and other traffic laws.
If you have been charged with a crime and would like to speak with a Phoenix criminal defense attorney about your case then you should contact the firm at 602-814-0518 and schedule a consultation. Attorney Joshua S. Davidson understands how important your rights are to you and will be able to provide the defense you deserve.

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