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Having a criminal conviction set aside

A criminal conviction can quickly endanger your immigration status. Thus, when many come to see us here at the Sanchez Law Group following such an occurrence in Yuma, their first question is typically how they might be able to get an offense off their record. Nearly everyone is familiar with the concept expungement. The question whether or not it is even available to you, and then whether having an offense expunged will help keep you from being deported. 

The first important point for you to understand is that Arizona law does not allow offenses to be expunged from your record. However, the state does allow for certain criminal convictions to be "set aside." What this means is that your conviction will remain on your record, yet it will also show that you met the requirements for having the conviction set aside and that, because of your efforts, the court agreed to vacate your conviction. Not all offenders are eligible to have their convictions set aside, however. According to Section 13-907(K) of Arizona'a Revised Statutes, any of the following offenses would eliminate you from being eligible for this benefit: 

  • A dangerous offense
  • Any offense that would require you to register as a sex offender
  • Any offense that was found to be sexually motivated
  • Any traffic offense or offense involving you driving without a license
  • Any offense in which the victim was under 15 years of age

Having your conviction set aside will not necessarily guarantee that your immigration status will not be threatened. However, having first offenses or minor offenses involving the use of controlled substances set aside may disqualify such offenses as being ground for deportation in your case. More information of how a criminal offense could impact you as an immigrant can be found here on our site. 

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Even A Minor Violation Can Threaten Your Immigration Status. We Can Help Protect Your Future.

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