Getting a criminal conviction set aside topic of free seminar
If someone has been convicted of a felony offense in any Yuma County Superior Court, and have served their sentence, they can possibly have that conviction set aside and have their civil rights restored.
The Yuma County Law Library, in collaboration with the Law Office of Richard Edgar, is offering another installment of a free “Set Aside” seminar in which information about this process will be shared.
The seminar, which is also being co-sponsored by the Law Office of Heather Vinci, who is the president of the Yuma County Bar Association and Community Legal Services, is scheduled for 11 a.m. to 2 p.m. on Friday in the Jury Assembly Room at the Yuma Justice Center.
The Yuma Justice Center is located at 250 W. 2nd St. Other sponsors include the law office of Sonia Ramirez, Yuma County Superior Courts and the Yuma County Bar Association.
While most states allow a criminal conviction to be expunged from a person’s record, Arizona does not. There is, however, a legal procedure in place to have the criminal conviction dismissed and “set aside.”
Not all offenses are eligible for a set aside in Arizona, and people considering petitioning for a set aside of their criminal records should understand not only the benefits but limitations involved in doing so.
Nearly every type of criminal offense can be set aside, provided a person has successfully completed all the terms of their sentence. In other words, having served all jail or prison time, paid off all court fees and restitution, finished any probation or parole term, and completed any other court-mandated activities.
Once completed, a person can petition the court to have the judgment against them vacated and the charges dismissed, which also restores their civil rights, such as the right to vote, the right to sit on a jury and the right to own a firearm if the conviction was for a felony.
Having the conviction set aside will not erase the conviction from one’s criminal record. If an entity such as an employer performs a background check, the conviction may still appear on the record. However, it will also indicate that the court has vacated judgment and dismissed the charges.
Set-asides also come with limitations, so it’s important for individuals to understand the limits as well. For example, if a person has been convicted of two or more felonies, or has been sentenced to prison, he or she must wait two years before petitioning the court for a set aside. The law also excludes some offenses from set asides.
The Law Library is offering the clinic as part of an ongoing series of public sessions to assist court patrons with all types of cases. The effort is in support of the Arizona Supreme Court’s Strategic Agenda to increase access to the courts.
The clinic will include an informational portion followed by assistance in filling out the necessary paperwork. Held weekly, these free and informal clinics cover a variety of legal matters such as legal guardianship, child support and adoption.
While no legal advice will be given, those who attend will receive information on such topics as what resources are available in the community and what forms are necessary to fill out. They will also receive answers to general questions about the court process and procedures.
An official from the Yuma County Superior Court will also be present and will speak with participants about the process of filing the paperwork and the cost associated with doing so.
Organizers said the clinics are designed to assist people who need basic legal help but don’t have the money to hire an attorney, or want to do it themselves, but aren’t sure how.
Providing help to self-represented litigants, according to organizers, provides a valuable service to the court system, because they often have difficulty preparing and filing documents and meeting procedural requirements, which can cause delays in their cases.
Anyone interested in attending can call the Law Library at (928) 817-4165 for more information.