Expunging or sealing records

questions & answers

Question: If I have a set aside for my first offense, does it affect a new arrest, possible same type of offense?

Answer: Setting aside a conviction has no impact on its use as a historical (or other) prior conviction for the purposes of eligibility for probation or sentencing on a new offense. The relevant statute is A.R.S. 13-905(E). I've pasted it below: A.R.S. 13-905 E. A conviction that is set aside may be: 1. Used as a conviction if the conviction would be admissible had it not been set aside. 2. Alleged as an element of an offense. 3. Used as a prior conviction. 4. Pleaded and proved in any subsequent prosecution of the person by this state or any political subdivision of this state for any offense. I wish you the best going forward.

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  • If I have a set aside for my first offense, does it affect a new arrest, possible same type of offense?

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