Many states in the U.S. have laws that allow people to have their criminal convictions erased. Some states even allow people convicted of some serious felonies to get their record sealed.
Unfortunately, Arizona is not one of these states.
Scottsdale City Court’s misdemeanor “expungement.”
Arizona has a method to “set aside” both felonies and misdemeanors. Most of my clients have been charged with drinking and driving in Scottsdale City Court. While being arrested for drinking and driving was their worst ever experience, in the criminal justice system, DUIs are only misdemeanors. But even if only misdemeanors, people often need to have these convictions “set aside.”
Three Benefits of a Motion To Set Aside
If you file a Motion To Set Aside, and a Judge grants it, your criminal record will show that your conviction has been dismissed. So when an employer does a background check on you, instead of seeing “criminal conviction,” they will see “criminal conviction dismissed” (or “vacated”).
If your conviction has been Set Aside, you may:
- Write that your case was dismissed on job applications.
- Write that your case was dismissed on an apartment lease application.
- Write that your case was dismissed on a security clearance fingerprint form.
In summary, you may truthfully answer that you’ve had a case dismissed if you’re ever asked if you’ve been convicted of a crime. This the same thing you would state if you lost a trial, but then won on appeal.
How To Set Aside a Scottsdale City Court Conviction
Filing a Motion to Set Aside in Scottsdale City Court is relatively straightforward.
First
A motion must be filed stating that you are eligible to have your conviction set aside. In Scottsdale, the only quirk is that you can not have a “driving on a suspended license conviction” set aside.
Also, you must have paid all of your fines, served jail time, etc.
If you want to file a Motion to Set Aside, you obviously paid all of your fines etc because if you didn’t, you would have been sent back to jail to serve the remaining jail time.
Second
A judge will gather your old case file and review the details of your old conviction.
Third
A Scottsdale City Court judge will either grant or deny your request in about four weeks.
Fourth
You can request to have the signed order mailed to you, or you may go to the courthouse and get a physical copy. At this time (2018) Scottsdale City Court does not email the Order.
Summary:
Once you receive the signed Order, you may present that to anyone to prove that your old criminal conviction was dismissed.
Felony Court Set Aside in next article…