Chandler, AZ asked in Criminal Law for Arizona

Q: I requested to have my judgement set aside and have been denied, for the reason ARS 13-907(E). I need assistance.

I have had no legal trouble before of after my judgement in 2013. In my plea agreement, the court was reduced to "non dangerous". Specifically 13-907 #2 the only "register" I had was enter into probation for the charges of aggravated assault, (non dangerous, non repetitive). All 13-907 numbers are not applicable in my case. Section E is not applicable to me. 13-907 section A states that I may apply to have the judgement set aside, which I have done so and have been denied- which is not what the law states. I am eligible to have my judgement set aside.

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2 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: E. This section does not apply to a person who was convicted of a criminal offense:

1. Involving a dangerous offense.

2. For which the person is required or ordered by the court to register pursuant to section 13-3821.

3. For which there has been a finding of sexual motivation pursuant to section 13-118.

4. In which the victim is a minor under fifteen years of age.

5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

What this means is that if your conviction involved a dangerous offense, required registration, involved a sexual motivation, included a victim under 15, or was a violation of the sections mentioned in 5; you do not qualify for a judgment set aside.

Matthew Maerowitz
Matthew Maerowitz
PREMIUM
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: You and my colleague appear to be citing an old version of the statute. The correct statute is ARS 13-905, which can be found at: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00905.htm

The law has changed to be a little more favorable regarding set asides as you can see in the above link. That doesn't mean it will be granted upon another attempt and typically the judge will want you to wait a little before refiling. I recommend consulting an attorney to have a more in-depth discussion of the nature of your charge, your application, confirm everything is completed and what might be done to increase the likelihood of getting it set aside assuming you are eligible.

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