Can a Judge Drop an Aggravated DUI After Probation Completion

[wrpol]

My question involves criminal records for the state of: Arizona

My question is, does the sentencing judge have the ability to drop an aggravated DUI (class 4 felony) to a misdemeanor sfter successful completion of probation.

I would like to return to work (nursing) and the ASBON will not allow any one convicted of a felony to apply for re-instatement unless they have the sentence set-aside then they must wait 5 yrs after the "absolute discharge".

This 5-yr condition seems to violate the spirit of the "set-aside"

Thanks!!

The purpose of "setting-aside" is to provide relief from civil disabilities and then a state agency (same state) says we won't allow you in????

[Mr. Knowitall]

I don't see any legal authority for doing what you want. I suggest contacting a criminal defense lawyer about whether there's a way to convince the prosecutor and sentencing court to reconsider the conviction charge.

A. Except as otherwise provided in this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

B. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing.

C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by:

1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

2. The game and fish commission pursuant to section 17-314 or 17-340.

D. This section does not apply to a person convicted of a criminal offense:

1. Involving the infliction of serious physical injury.

2. Involving the use or exhibition of a deadly weapon or dangerous instrument.

3. For which the person is required or ordered by the court to register pursuant to section 13-3821.

4. For which there has been a finding of sexual motivation pursuant to section 13-118.

5. In which the victim is a minor under fifteen years of age.

6. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

[wrpol]

Thanks KIA, I will contact a friend and see.I know the prosecutor had some initial trepidation with the charge.Most sensible people have trouble convicting someone of a felony(heinous crime) when know one was affected in any way.

The nursing boards 5-yr rule seems to violate the 13-907 statute??, what gives??