12/03/2013
People who have been found guilty of a felony, sentenced and served time or probation, and have paid all the fines/ fees can apply to have the guilty verdict set aside by a judge in Arizona.
• This would enable the person to vote again in all city, county, state and federal elections.
• This would enable the person to answer ‘No” on employment or rental applications when asked “Have you been convicted of a felony?”.
• This would enable the person to buy, register, own and carry a gun.
I used to think people convicted of crimes deserved to be in jail or prison, deserved to be labeled for the rest of their lives. Then, in 2003, I watched as my brother was arrested, convicted of a felony and started on a long, unforgiving path. Once he completed his term, paid all his fines and attempted to find gainful employment, I saw how the felony followed him around for years. In his frustration, he wondered aloud: “Why can’t this just be a part of my past? Why can’t I just be allowed to prove myself?” He was one who had been through the ‘system’ and after doing everything he was supposed to, was still being punished!
An attorney can charge anywhere between $525.00 and $1,400.00 (researched 11/22/13) to help with this process. I charge $200.00. I am not an attorney or paralegal, but I do have a Bachelor of Science in Criminal Justice Administration (as well as a Master of Education in Human Relations) and I can help you gather the necessary information, fill out the correct forms and walk you through the process to file the application. The confusion and frustration can be removed from the process.
Want to get started? I need only basic information to start: Your name at the time of arrest, the county you were arrested in, and your date of birth. That’s ALL. I will then do a little research to see if you are qualified for your verdict to be set aside*. If you are, I will then ask you to pay the fee and we will get started! So nothing is due at all unless I think I can help you.
So email me today: [email protected] and let’s see if we can get your rights back!
*Of course, the final decision is with a judge. I cannot and do not guarantee a judge will approve the application. I cannot control the actions of others. But I can guarantee I will help with every step of the application process.
1st felony conviction automatically restored upon absolute discharge from probation or the Arizona Department of Corrections (13-912) and payment of any fine or restitution
o Does not apply to right to possess a gun. 2 or more felonies o Absolute discharge from probation (13-905)
o 2 years from absolute discharge from prison (13-906) Right to possess a gun o 2 years from absolute discharge
o 10 years from absolute discharge of probation or the department of corrections for a serious offense define in 13-604
o Never if convicted of a dangerous offense under 13-604.
Upon completion of probation or sentence and discharge by the court a person may file to have their judgment set aside. Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction.
Setting aside Judgment does not seal or expunge ones record. The record is still accessible to the public. However, the record will have a denotation stating that the judgment has been set aside. Some employers are more likely to view the setting aside of a judgment favorably. The setting aside of a judgment lets the employer know that the court is satisfied that the person has been rehabilitated.
