§ 13-905 a person is eligible to apply for protection from the effects of a past conviction. Awarded membership with Arizona’s Finest Lawyers through peer-review for demonstrating leadership and professional standards consistent with AFL’s criteria and guidelines. Our attorneys can assist with the application paperwork as well as with drafting a custom memorandum that details the facts of your case, your personal background, and the reasons the court should set aside your conviction. Lerner and Rowe® Law Group and Lerner and Rowe® Injury Attorneys are separate and independent companies/law firms. To restore the right to possess a firearm, a person must file an application to restore their gun rights with Superior Court in the county where they were convicted. Those convicted may do so upon completing their probation or sentence so long as the conviction is not for a “dangerous.”. You were convicted of a “serious offense” as defined under A.R.S. Contact us for a free initial consultation to learn more. Legal advice for firearm rights and how to restore firearms rights in Arizona. Important Note: Gun rights in Arizona never automatically restore. The person loses the right to vote, the right to hold public office of trust or profit, the right to serve as a juror, and the right to possess a gun. An expungement for instance would result in a conviction being erased from one’s records. Often, people want to know if a criminal conviction can be “expunged.” At present, Arizona does not have a true expungement statute. Being a client of one firm does NOT create any attorney client relationship with the other. How to restore gun rights lost by an Arizona conviction: In Arizona, restoration of civil rights is separate from the restoration of one’s gun rights. Voted Best Best Criminal Defense and Bankruptcy Law Firm in the Valley in 2016, 2017, 2018, 2019 and 2020 in AZ Foothill Magazine independent reader polls. Yes, under Arizona law pursuant to A.R.S. However, the conviction is not completely removed from your record. However, this does not apply to the right to possess a firearm. You must specifically apply to restore your gun rights, even for first time convictions. Serious and other offenses are however excluded from this Criminal Rule. For a first offense, a class 4 felony carries a presumptive term of 2.5 years in the Arizona Department of Corrections. Past results do not guarantee future outcome. In some instances a report from the Department of Public Safety may needed, which may require you to be fingerprinted and to pay an additional approximate $25. Providing a copy of the set aside order when applying for a job may satisfy any concerns of the potential employer about the conviction. Firms do not have access to the other’s cases, nor share information with the other. As previously mentioned, conviction of a dangerous offense will prevent a person from applying for a set aside. A person with only one Arizona felony conviction, whose civil rights were lost or suspended, had their rights automatically restored upon completion of a term of probation, or receipt of an absolute discharge from imprisonment if the person paid all imposed fines or restitution. This requirement also applies to those with two or more Arizona felony convictions. However, this does not apply to the right to possess a weapon. ATTORNEY ADVERTISING. A felony conviction may also prevent a person from obtaining business and professional licenses, government secured loans and housing. Including a custom memorandum can be more effective and more persuasive than filing the paperwork alone. A separate application is required for each felony criminal case. It is important to note that there is a difference between an expungement of records and getting a conviction set aside. Andrew Nemeth is the bankruptcy managing attorney of Lerner and Rowe Law Group and is licensed in the state of Arizona. If you have been convicted of a felony in Arizona, you owe it to yourself to find out if it’s possible to set aside your conviction and all of the reasons why having your conviction set aside can help. ©2020 Lerner and Rowe® Law Group. You may have to pay opposing parties legal fees in the event of a loss. Note: If the conviction is for a “dangerous” felony offence, you cannot ever restore your gun rights. If you sign up for setting aside of a "serious offense" conviction then firearm rights are $250 in addition to … More specifically, under the set aside statute A.R.S. § 13-706 and wish to restore your firearm rights; and it has not been ten (10) years from the date of your absolute discharge from imprisonment or discharge from probation. If found to be in possession of a gun and your right to possess a firearm has not been restored, police could charge you with Misconduct Involving Weapons, a class 4 felony. A felony conviction suspends a person’s civil liberties. Lerner and Rowe® Law Group is owned and operated by attorneys Glen Lerner and Kevin Rowe. In Arizona, “dangerous offence” as defined by the Arizona Revised Statutes § 13-105(13) , involves “the use, discharge, or threatening display of a deadly weapon or instrument or the intentional infliction of serious physical injuries on another person”. Since expunging a conviction is not currently an option in the state of Arizona, a criminal defense lawyer looking out for your rights will apply to have a conviction set aside. Important Note: Gun rights in Arizona never automatically restore. § 13-905, a set aside of judgement and restoration of rights is available whether a person has been convicted of a felony or a misdemeanor. Sean Forrester is the criminal defense managing attorney of Lerner and Rowe Law Group and is a licensed attorney in the state of Arizona. Or, their civil rights will be restored upon receipt of an absolute discharge from imprisonment if the person paid all fines or restitution. Several benefits to having your conviction set aside: To find out if you qualify to have your conviction set aside, contact us today to discuss your options. The effect of a successful application is that the Court will issue an order setting aside the judgment of guilt, dismiss the accusations, and release the person from all applicable penalties and disabilities resulting from the conviction.

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