how long should I wait to "Set-Aside" a conviction

[toribowl]

What is the name of your state (only U.S. law)? AZ

Hi, In December 2015 I was charged with aggravated assault an undesignated felony. I have since completed everything and was released from probation after 8 months. All fines have been paid and all other requirements were met and taken care of.

I was early term'd off probation in August 2016 and received all the paperwork from the courts saying it is now designated a misdemeanor.

how long should I wait to file for a set aside?

 

[quincy]

What is the name of your state (only U.S. law)? AZ

Hi, In December 2015 I was charged with aggravated assault an undesignated felony. I have since completed everything and was released from probation after 8 months. All fines have been paid and all other requirements were met and taken care of.

I was early term'd off probation in August 2016 and received all the paperwork from the courts saying it is now designated a misdemeanor.

how long should I wait to file for a set aside?

Was the aggravated assault your first offense?

 

[toribowl]

well... I had 2 non related felony priors from 2004 in California but I had those reduced to a misdemeanor under the CA 17(b) and expunged under 1203.4 motion.

The aggravated assault charge was labeled a non dangerous and non serious offence and it states that on the court papers.

The only thing on my record is the misdemeanor assault charge.

 

[quincy]

well... I had 2 non related felony priors from 2004 in California but I had those reduced to a misdemeanor under the CA 17(b) and expunged under 1203.4 motion.

The aggravated assault charge was labeled a non dangerous and non serious offence and it states that on the court papers.

The only thing on my record is the misdemeanor assault charge.

Thank you for providing an answer to my question, toribowl.

If you have satisfied all conditions imposed on you by your conviction (e.g, paid all fines, attended all ordered classes, completed any community service hours), you can petition the court for a set aside. It would help for you to have an attorney's assistance with this petition.

If the court grants your petition after a review of the facts (which can take several months time), your conviction will be set aside and the judgment against you vacated. However, it is important to know that some offenses cannot be set aside and a set aside does not destroy your records. The record of your conviction is still available and can still be disclosed, depending on facts. And the conviction can still appear on background check reports although also noted will be the set aside and vacated judgment. Even with the set aside, you can be precluded from obtaining some professional licenses.

Following are links to the law and to some information from the Arizona Law Help Organization on set asides:

Arizona Law Help: http://azlawhelp.org/articles_info.cfm?mc=13&sc=66&articleid=147

ARS 13-907: http://www.azleg.gov/ars/13/00907.htm

Again, it would help for you to have an Arizona attorney help you with the petition to the court. Good luck.

 

[toribowl]

Thanks Quincy for the great info! I will retain counsel for that.

Another question. Now that I only have a misdemeanor on my record am I able to vote, obtain a firearm and apply for some professional licenses?
I saw online that with me getting the 17(b) then the 1203.4 motion in CA my rights would be automatically restored. I am unsure about Arizona though because when I was charged it was a non serious "undesignated felony" I have completed everything and have paperwork showing its a designated misdemeanor now. My rights shouldn't have been effected now that it is a misdemeanor right?

The judge and court documents never said anything about restrictions (voting, firearms and licenses)

I have been waiting along time to vote so its nice to finally see light at the end of the tunnel.

 

[quincy]

Thanks Quincy for the great info! I will retain counsel for that.

Another question. Now that I only have a misdemeanor on my record am I able to vote, obtain a firearm and apply for some professional licenses?
I saw online that with me getting the 17(b) then the 1203.4 motion in CA my rights would be automatically restored. I am unsure about Arizona though because when I was charged it was a non serious "undesignated felony" I have completed everything and have paperwork showing its a designated misdemeanor now. My rights shouldn't have been effected now that it is a misdemeanor right?

The judge and court documents never said anything about restrictions (voting, firearms and licenses)

I have been waiting along time to vote so its nice to finally see light at the end of the tunnel.

If your convictions were expunged in California and if your conviction is set aside in Arizona, you should be able to vote, hold public office, serve on a jury and possess firearms.

However, the set aside in Arizona does not mean you cannot be denied certain professional licenses or certain jobs. You can be. Your original convictions can be used against you when making certain licensing and certain employment decisions.

You can discuss this with the attorney you see in Arizona.

Good luck, toribowl.