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  1. #1
    hspohr is offline Junior Member
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    Question Conviction set aside - what exactly does this mean?

    What is the name of your state?What is the name of your state? Arizona

    I would like to know exactly what it means to have a conviction set aside. I was convicted of a misdemeanor (Disturbing the peace). I have recently submitted and was granted that my conviction is set aside. What will this mean? Will my record be completely cleared? Applying for a professional licence (i.e. Real Estate, Nursing, Massage Therapist etc...) or for a job and the company does a criminal background check on me, will they find that I have a "clean" record? Once my conviction has been set aside, can I indicate on job applications that I have not been convicted of a crime? To what extent will my record(s) be cleared? For example, would the setting aside of this conviction "clear" up both my court records and my police records (or any other records that might have been established because of this conviction)?

    Any clarification is much appreciated
  2. #2
    seniorjudge is offline Senior Member
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    Quote Originally Posted by hspohr
    What is the name of your state?What is the name of your state? Arizona

    I would like to know exactly what it means to have a conviction set aside. I was convicted of a misdemeanor (Disturbing the peace). I have recently submitted and was granted that my conviction is set aside. What will this mean? Will my record be completely cleared? Applying for a professional licence (i.e. Real Estate, Nursing, Massage Therapist etc...) or for a job and the company does a criminal background check on me, will they find that I have a "clean" record? Once my conviction has been set aside, can I indicate on job applications that I have not been convicted of a crime? To what extent will my record(s) be cleared? For example, would the setting aside of this conviction "clear" up both my court records and my police records (or any other records that might have been established because of this conviction)?

    Any clarification is much appreciated

    It means it no longer exists. That does NOT mean that it is not in somebody's database somewhere.


    Expungement/pardon

    There are several thousand questions on this forum similar to yours. Thus, I have prepared a standard answer.

    Standard answer: Expungement is generally granted for illegal arrests or unlawful convictions. Generally, pardons mean you are forgiven for the crime but it remains on your record.

    Check with the governor or attorney general of your state to see how you can go about either of these procedures. Check with the Attorney General or the President for federal expungement or pardon.

    You must remember that there may be private background check companies that have past offenses on their databases; those reports will never be expunged.


    [url]http://forum.freeadvice.com/showthread.php?p=848776#post848776[/url]



    Stand by...others may offer more advice.
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    (1) Never tell everything you know.
  3. #3
    Heather2 is offline Member
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    Quote Originally Posted by hspohr
    What is the name of your state?What is the name of your state? Arizona

    I would like to know exactly what it means to have a conviction set aside. I was convicted of a misdemeanor (Disturbing the peace). I have recently submitted and was granted that my conviction is set aside. What will this mean? Will my record be completely cleared? Applying for a professional licence (i.e. Real Estate, Nursing, Massage Therapist etc...) or for a job and the company does a criminal background check on me, will they find that I have a "clean" record? Once my conviction has been set aside, can I indicate on job applications that I have not been convicted of a crime? To what extent will my record(s) be cleared? For example, would the setting aside of this conviction "clear" up both my court records and my police records (or any other records that might have been established because of this conviction)?

    Any clarification is much appreciated
    Did you get deferred adjudication?
  4. #4
    hspohr is offline Junior Member
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    No, I think deferred adjudication is specific to Texas. I also was not put on any type of probation, just a fine...
  5. #5
    Heather2 is offline Member
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    Quote Originally Posted by hspohr
    No, I think deferred adjudication is specific to Texas. I also was not put on any type of probation, just a fine...
    Oh, I didn't know that. If you aren't sure if your record will show you could always do a background check on yourself. There are plenty of cheap background check companies.
  6. #6
    seniorjudge is offline Senior Member
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    Quote Originally Posted by tyson-bird
    Oh, I didn't know that. If you aren't sure if your record will show you could always do a background check on yourself. There are plenty of cheap background check companies.
    Deferred adjudication is common in every state.
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    hspohr is offline Junior Member
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    Well, that's not what I got though, the form that I have says the following:

    In the Municipal Court
    In the State of Arizona
    Case No: .....
    Complaint No:....
    Order Setting Aside Judgement Of Conviction

    A motion to Set Aside Judgment of Conviction having been filed by defendant <name>, with no objection from the State and good cause appearing;
    It is hereby ordered setting aside <name's> Judgment of Conviction for the crime of Disturbing the Peace; the accusations or information underlying this conviction are hereby dismissed and <name> is hereby released from all penalties and disabilities resulting from this conviction.
    Done in Open Court this <date>


    and it is signed by the Judge
  8. #8
    seniorjudge is offline Senior Member
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    Quote Originally Posted by hspohr
    Well, that's not what I got though, the form that I have says the following:

    In the Municipal Court
    In the State of Arizona
    Case No: .....
    Complaint No:....
    Order Setting Aside Judgement Of Conviction

    A motion to Set Aside Judgment of Conviction having been filed by defendant <name>, with no objection from the State and good cause appearing;
    It is hereby ordered setting aside <name's> Judgment of Conviction for the crime of Disturbing the Peace; the accusations or information underlying this conviction are hereby dismissed and <name> is hereby released from all penalties and disabilities resulting from this conviction.
    Done in Open Court this <date>


    and it is signed by the Judge

    I realize this is a bunch of legal mumbo jumbo, but what happened was that the conviction was set aside. When that happens, then the charge is still there but it has not been ruled on. Then the court dismisses it.

    So, it has gone away.

    Yes, I realize that this has nothing to do with common sense; but it is the court system, after all.
    There are two rules for success:

    (1) Never tell everything you know.
  9. #9
    HomeGuru is offline Senior Member
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    [QUOTE=seniorjudge]
    Yes, I realize that this has nothing to do with common sense; but it is the court system, after all.

    **A: Hmmmmm, court system= common sense. Somehow that does not add up.
  10. #10
    hspohr is offline Junior Member
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    It was ruled on because I did get a fine and I had to wait 3 month before I could file for the setting aside of the "Judgment of Conviction". I'm just wondering how I have to legally answer on job applications or my application for a real estate licence, when asked if I was ever convicted of a crime
  11. #11
    seniorjudge is offline Senior Member
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    Quote Originally Posted by hspohr
    It was ruled on because I did get a fine and I had to wait 3 month before I could file for the setting aside of the "Judgment of Conviction". I'm just wondering how I have to legally answer on job applications or my application for a real estate licence, when asked if I was ever convicted of a crime
    I would disclose exactly what happened.
    There are two rules for success:

    (1) Never tell everything you know.
  12. #12
    HomeGuru is offline Senior Member
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    [QUOTE=seniorjudge]I realize this is a bunch of legal mumbo jumbo, but what happened was that the conviction was set aside. When that happens, then the charge is still there but it has not been ruled on. Then the court dismisses it.

    So, it has gone away.

    **A: what? Set aside rulings are not automatically dismissed. And it does not just go away. What are you smoking?
  13. #13
    seniorjudge is offline Senior Member
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    Q: what? Set aside rulings are not automatically dismissed. And it does not just go away.

    A: You are correct. But here is what poster said he got:


    In the Municipal Court
    In the State of Arizona
    Case No: .....
    Complaint No:....
    Order Setting Aside Judgement Of Conviction

    A motion to Set Aside Judgment of Conviction having been filed by defendant <name>, with no objection from the State and good cause appearing;
    It is hereby ordered setting aside <name's> Judgment of Conviction for the crime of Disturbing the Peace; the accusations or information underlying this conviction are hereby dismissed and <name> is hereby released from all penalties and disabilities resulting from this conviction.
    Done in Open Court this <date>

    and it is signed by the Judge
    There are two rules for success:

    (1) Never tell everything you know.
  14. #14
    hspohr is offline Junior Member
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    Question

    so then what is the benefit of having them set aside?
  15. #15
    seniorjudge is offline Senior Member
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    Quote Originally Posted by hspohr
    so then what is the benefit of having them set aside?
    If your conviction is set aside and then dismissed, then it is no longer on your record.

    Thus, it will never be used for enhancement purposes (just one example).

    So, if you got a drunk driving first conviction and it gets set aside and then dismissed, if you then get arrested for drunk driving again, it will be a drunk driving first offense (not second).
    There are two rules for success:

    (1) Never tell everything you know.

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