Before answering that question, the process of setting aside a criminal conviction in Arizona should first be explained. A.R.S. 13-907 states that an individual convicted of a criminal offense, who has fulfilled the conditions of their probation or sentence and has been discharged by the court, may apply to a judge, justice of the peace, or magistrate to have their judgment set aside. The offender shall be informed of this right at the time of their discharge.
Can anyone apply on my behalf?
Yes, Arizona law allows the offender’s attorney or probation officer to apply to set aside the judgment.
What happens to my criminal record after my conviction is set aside in AZ?
If your application is granted, your judgment of guilt shall be set aside, accusations against you will be dismissed, and you will be released from all penalties and disabilities resulting from the conviction.
If any of your civil liberties were revoked as a result of your conviction, such as your rights to vote or carry a concealed weapon, those rights will be restored after your conviction is set aside.
Can a sex crime conviction be set aside in AZ?
Back to the initial question: can sex crime convictions be set aside in Arizona? The answer is no, they cannot. A.R.S. 13-907 also states that people convicted of criminal offenses involving the following situations may not apply to have their conviction set aside:
-A crime involving a dangerous weapon.
-A crime which requires the offender to register as a sex offender under A.R.S. 13-3821.
-A crime involving sexual motivation.
-A crime involving a victim under the age of 15.
Charged with a sex crime in Arizona?
Have you been accused of a sex crime in Phoenix, Tempe, Glendale, Mesa, or another AZ city? The criminal defense lawyers at JacksonWhite can help. While we can’t apply to have your conviction set aside, our sex crime attorneys will work to have your penalties decreased. Call us today at (480) 467-4370 to schedule a FREE and confidential consultation with JacksonWhite criminal attorney, Jeremy Geigle.
Click here to see how we’ve helped others charged with sex crimes in Arizona.