Expunging or sealing records

questions & answers

Question: If when signing the plea the judge states "I will allow the felony to be set aside." After completing probation I was denied. The felony is Agg. Assault and I know that violent crimes are not eligible to be set aside. But I feel there should be accountability. What are the options?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.  A person in this situation may be able to file a Petition for Post Conviction Relief under Rule 32 of the Arizona Rules of Criminal Procedure. A packet for Instructions for Petition for Post Conviction Relief has been made available by the Maricopa County Superior Court, but can be used in any county in which the conviction occurred.  Please note that a successful petition may overturn a negotiated plea agreement or previous sentence, starting the process from square one.

QUESTIONS

  • If when signing the plea the judge states "I will allow the felony to be set aside." After completing probation I was denied. The felony is Agg. Assault and I know that violent crimes are not eligible to be set aside. But I feel there should be accountability. What are the options?

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