As an immigrant in Phoenix, facing criminal charges can put your status at risk. It doesn't matter what class the charges are. A conviction for a criminal offense can affect how authorities view your case. Some criminal convictions can impede you from seeking lawful permanent residency, citizenship, and can even render you deportable in some instances, impeding you from returning to the United States.
A Motion To Set Aside, if granted, allows a judge to dismiss and vacate the judgment of guilt in your criminal case–releasing you from all penalties and disabilities resulting from the conviction. In some situations, a successful motion can make a critical difference in helping you preserve your future in the United States.
At Vianey K. Hurtado Law, we advocate for you through our real experiences. We provide our clients with an equipped legal team to create a thorough strategy for a successful motion to set aside. We will do whatever is necessary to help you achieve the best outcome for your application. We serve members of the Phoenix and Yuma communities.
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A Motion To Set Aside allows courts in Arizona to set aside a conviction for a previous offender. (A.R.S 13-905) This motion does not remove the conviction from their criminal record. Instead, it releases them of all penalties and disabilities associated with the crime.
A Motion to Set Aside a conviction can serve an important rehabilitative function, particularly for individuals applying for immigration benefits. Although immigration may still treat the offense as a conviction pursuant to the current immigration laws, having a judgment of guilt set aside can demonstrate rehabilitation and positive conduct since the offense. This can be especially influential in discretionary immigration decisions, where a favorable exercise of discretion is required. In some cases, the grant of a set aside may even open the door to benefits that the individual would not have been eligible for otherwise.
You can file a Motion To Set Aside once you have completed all of the terms of your sentence–including any jail time imposed, classes, probation, and fines. You can locate the application form on the website of the court that convicted you.
The form will either say "Application to Set Aside Judgment" or "Restoration of Civil Rights".
When reviewing your motion, the court will take several factors into account. These include some of the following:
It's crucial to present the right facts in your motion application. Without providing proof of compliance and rehabilitation, your application could be denied. A knowledgeable criminal and immigration attorney can form the best strategy to improve your chances of approval.
The timeline for a Motion To Set Aside averages between 45 and 165 days.
A Motion To Set Aside can help keep immigrants with convictions from facing deportation, but only certain people qualify.
Charges that DO NOT qualify for a Motion To Set Aside include the following:
Otherwise, you can file to set the conviction aside after serving your sentence, completing probation, and paying all fines and fees required.
A Motion To Set Aside works for both misdemeanor and felony charges that qualify.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide a knowledgeable legal team to members of the Phoenix and Yuma communities. Our team will create a relevant strategy to achieve the best outcome for your filed motion.
If you need help filing a Motion To Set Aside in Arizona, contact us today. We will provide you with a thorough case evaluation.
