Setting Aside an Arizona Criminal Conviction

Having a criminal conviction, even a misdemeanor, on your record can difficult. For many it has long-lasting consequences, particularly when seeking employment.

FortunatelJustice Scaley, Arizona has a way to minimize the impact, and many people do not realize that they may be eligible to have their conviction/s set aside. This is the closest thing to expunging a conviction that Arizona has to offer. Although this will still show up on a background check, it will show as being “set aside” and no longer as a conviction.

A set aside basically realizes that good people make mistakes or have made a decision to turn their life in a positive direction. Although it can still be used against you if charged again with a crime, a set aside is nonetheless incredibly important for purposes of employment, professional licenses, seminars, and schooling. For many criminal convictions, including DUI, a set aside application can be submitted once all conditions of sentencing and probation have been completed.

I have successfully drafted several set aside applications and normally charge a particularly low flat fee for such services. Separate jurisdictions treat applications differently, and I handle the application process a little differently depending on the court. For many jurisdictions, I will draft a proposed order for the judge to sign upon granting a set aside application. For all of my clients, I provide the order from the judge granting the set aside. This can be helpful because it allows you to show a current or prospective employer a signed order from the judge stating that the charge and accusations against you should be treated as if dismissed.

Call me, criminal defense attorney Matt Maerowitz at 602-912-5897 for a free consultation to discuss the process and find out whether you may be eligible for a set aside.

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Posted in Criminal Law | 4 Comments

AZ DUI Law Myth of the Month – The “legal limit” of .08

Many people have heard a .08 blood alcohol level referred to as the “legal limit” in Arizona. As a result, a lot of people think that so long as their blood alcohol level is below a .08, they are “legal” and cannot get a DUI. However, this is incorrect and one of the biggest misconceptions in Arizona DUI law. Although one way to be guilty of DUI is by having a blood alcohol level of .08 or higher, so long as the State proves that you were “impaired to the slightest degree” while under the influence of drugs or alcohol, you are guilty of DUI.

This further stresses why the commercial breathalyzers you see people using around bars shouldn’t be used to determine whether you are “safe” to drive. Additionally these devices will sometimes display inaccurate readings that can quite dramatically vary from the results received from a blood test. That’s why the best and safest way to avoid a DUI is to not drink and drive.

If you have been arrested for DUI, you should immediately call DUI attorney Matt Maerowitz at 602-912-5897. You have nothing to lose by calling, and the consultation is free.

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Posted in Criminal Law, DUI, Myth of the Month | Tagged | 1 Comment