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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
