Legal Question in Criminal Law in Arizona

Im trying to get some misdemeanors set aside in AZ. On the motion form it says "This is what I want the judge to do", and "This is why the judge should grant my request". Are they looking for some legal terminology or should i just state the obvious, Iwant the conviction set aside? I want them to set these aside for employment reasons. Any advice would be appreciated.


Asked on 2/04/11, 10:16 am

1 Answer from Attorneys

David Shapiro Shapiro Defense, PLLC

First,generally and legally it is possible to get a misdemeanor set aside. Why, is answered with this information: what about your CONDUCT since you were convicted would lead a judge to decide that it would be unjust or unfair to leave the conviction as it now stands. Conduct means whether or not you've been law abiding and have met the obligations that you are responsible for as a citizen of your community. Simply stating that you want the conviction set aside because you want a better job than you would otherwise be able to get is a weak and ineffective answer to the "why" question. You don't need to use legal terminology, but you do need to make an argument for set aside that is beyond your personal, self-interested motives. You might think about creating in the judge a feeling that you are a positive part of your community. This said, you didn't state the nature of your misdemeanor but it may not be one that can be or the judge would be willing to set aside no matter your subsequent conduct, and/or; even with the set aside, the conviction may prevent you from certain employment. In Arizona for example, a domestic violence conviction set aside in order to obtain an armed security guard license will not result in getting the license. You might think about contacting a criminal defense attorney in person in order to go over everything relevant to your question. You haven't presented enough information for a more definitive answer.

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Answered on 2/09/11, 6:54 pm


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