questions & answers

Question: I was charged for burglary and theft felonies. I signed a plea admitting to the theft and the burglary charge was dismissed. After completing my probation the theft was reduced to a misdemeanor. I then had the misdemeanor set aside. Both the burglary and theft are showing up on an apartment background check and they don't say anything about being dismissed or set aside. Could this be an error? Could the court have mistakenly not cleared the conviction? Or is it the program they are using is not accurate? Thanks

Answer: Set aside means to cancel or revoke a judgment or order. Usually, the original record is modified or changed. The original is still available. The laws about setting aside a conviction are presently found in A.R.S. §§ 13-904 – 912 . A.R.S. § 13-907. The law does not require that a conviction be removed from a person’s criminal record. It is required that the record show that the conviction has been set aside. When a conviction is expunged or set aside in Arizona, a records check will probably show the original charge and conviction. However, it should also show that the judgment was vacated and that an order of dismissal was entered. This most likely is why the charges are showing on an apartment background check. You may want to consult with an attorney on the matter.