It can be frustrating if your criminal record continues to hold you back after you have served the time and completed the requirements of a criminal sentence. It only seems fair that one should be able to move forward with their life once they have completed their punishment. Unfortunately, an Arizona criminal record can be an anchor which hinders the ability to move forward. The process of gaining an expungement (known as a conviction set aside) can help you with this situation. If you have been convicted of a crime in Arizona, and believe you may be eligible for a record expungement, contact Bretton Barber today.
Maricopa County attorney assisting Arizona residents with setting aside criminal convictions
Each state has their own set of rules for expunging or sealing a criminal record. In Arizona, the expungement of a record is completed through the process of a “conviction set aside.” The effect of a set aside is that the Court will vacate your conviction and dismiss the charges. It is still important to disclose your situation on applications but you will be able to make a note that the charges against you have been set aside and dismissed. While this does not wipe out your criminal record, it will make a big difference with things such as background checks, fingerprint clearances, and housing application requests.
Set asides are not available to anyone. You must be able to satisfy certain requirements in order to gain a set aside. There are some prohibitions that will not allow you to have your conviction set aside:
- If you are required to register as a sex offender or if you were convicted of a crime that was sexually motivated
- If you were convicted of a crime in which the victim was under the age of 15
- If your conviction was for a traffic related offense like criminal speeding or driving on a suspended license, however DUI’s and Reckless Driving Convictions can be set aside
One becomes eligible for a set aside after they have completed all requirements of their sentence. Hiring an attorney to assist you with the process can help to ensure that you gain your set aside without unnecessary difficulties. Every Court processes motions to set aside differently. Bretton has filed these motions in almost every County in the State, and is familiar with all of the different requirements for each Court. Also, by hiring Bretton, you will not have to go to the hearing on your motion.
Bretton Barber is a Phoenix criminal defense attorney assisting people with the expungement process by gaining conviction set asides. Bretton will use your initial consultation to determine if you are eligible for the process. He will then obtain the required records from the Court and prepare the petition. He will worry about the process so you can worry about the most important thing – getting a fresh start in life. Bretton prides himself on the high level of communication he provides to clients and will be there for you each step of the way. We represent defendants throughout Maricopa County including Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson. Call today.
Phoenix attorney working to restore civil rights of the accused through a conviction set aside
Bretton will also help you learn if it is possible for all of your civil rights to be returned. In addition to setting aside your criminal conviction you can have all of your civil rights restored, but it is important to understand this is separate and has different requirements. Some of the rights you can regain include the right to own a gun, the right to vote, as well as the ability serve on a jury or hold public office. However, some cases are unique, and all civil rights are not automatically restored. Bretton will discuss with you the specifics of your situation, and the restoration of your civil rights. Bretton strongly believes that you should be entitled to a fresh start and devotes a substantial part of his practice to this area of law. Contact our Phoenix office today to speak with an attorney.