How Can You Set Aside a Misdemeanor Conviction
My question involves criminal records for the state of: AZ
I signed a plea for a felony drug charge to be dropped to a misdemeanor in 2005 in AZ Superior Court. My probation was later revoked and I received time served (6 months jail time) and paid $1,500 in fines. I am trying to get it set aside but the forms for setting aside misdemeanors are for Phoenix Municipal Court. The AZ Superior Court form (300pdf) only leaves options for "Completed all terms of probation" or "Was sentenced to DOC and have waited the two year period". Am I unable to get this set aside because my probation was revoked and I did only county time?
Re: How Can You Set Aside a Misdemeanor Conviction
If you are on felony probation, with the charge to be reduced upon successful completion of probation, a violation will normally result in your being convicted of the felony. Have you confirmed that, in fact, your charge was reduced despite your probation violation and incarceration?
Re: How Can You Set Aside a Misdemeanor Conviction
It was completely dropped to a misdemeanor, not an un-designated felony; I signed a plea for Misdemeanor 1 Possession of Marijuana in 2005, not an un-designated felony to be reduced upon completion of probation. Later, upon absconding on a separate matter, the judge revoked my Possession of Marijuana probation and gave me 157 days time served.