Difference Between Set Aside and Expunge
Arizona is one of the few states that does not allow criminal cases to be expunged. Expunging a case means your court file will be sealed and that it will no longer be public record. Having your case expunged is beneficial because it as is if your criminal conviction never occurred. Although Arizona does not expunge cases, you may file a motion with the court to have your case set aside.
How to Have your Case Set Aside
As a criminal defense attorney, I understand people make poor decisions. Most of these poor decisions take place when people are young and have very little responsibility. Everyone has made bad decisions; some people get caught, while others do not.
If you have been convicted of a crime, whether it’s a misdemeanor or felony, I highly recommend that you hire a lawyer to help file a motion with the court to have your conviction set aside.
Having your case set aside is different than having it expunged. Even if your case is set aside, your court documents will forever be public record. The benefit to a set aside, however, is that when a potential employer performs a background check on you, your charge will no longer say convicted. If you do not have your case set aside, a criminal conviction on your record, will prove to be a significant barrier to your future employment and education opportunities.
My office has successfully had numerous clients’ cases set aside. We have an effective process in place and I tell my clients that so long as they do everything that my office asks, we have a very good chance of having their conviction set aside.
Call my office to speak with a lawyer about how we can help get your conviction set aside. In most cases, we can have motions filed with the court the same day we are hired. The sooner your conviction is cleared, the better.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
