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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I took a plea deal and i am now on probation, can i ask thé

Customer Question

I took a plea deal and i am now on probation, can i ask thé judge for thé conviction to ne dismissed after my probation
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Peter Griesch replied 11 months ago.

Thank you for your inquiry. I'd like to get some more details on your case. Perhaps it would be helpful to have a phone call to discuss. I can set that up if you would like.

Customer: replied 11 months ago.
I wish I could accept the phone call, but I don't have the means to pay 52 right now
Customer: replied 11 months ago.
I was teacher and I playfully hit a student. I admitted to the fact I hit the student but it was playful
Customer: replied 11 months ago.
I did not have a lawyer and Wasn't offered one either
Expert:  Peter Griesch replied 11 months ago.

How old was the student at the time? Did you plead to a felony or misdemeanor? Was there only one charge? What was the charge?

Customer: replied 11 months ago.
The student was 15. I plead guilty to a misdemeanor 3 and the charge was assault
Customer: replied 11 months ago.
There was only one charge
Expert:  Peter Griesch replied 11 months ago.

Ok. The judge will not dismiss the charge at the completion of your probation. You've already pleased guilty and been sentenced.

Based on the crime you've pleased guilty to, and the age of the victim, you may be able to have the conviction "set aside."

Arizona does not have an expungement law, but it does provide for certain crimes to be set aside. A set aside won’t remove the charge or conviction from your criminal record. However, anyone who checks your criminal record -- for example, a potential employer -- will also see the set aside order. In other words, they will know that you satisfied all the conditions of your probation or sentence, that a court vacated the conviction, and that all the charges against you were dismissed.

To request a set aside, you may petition the court upon the completion of your probation and ask the judge to set aside the conviction.

I hope this helps.

Customer: replied 11 months ago.
I am an immigrant and my permit expires in May, so I would have the U.S and I don't want to break my probation, do you think the judge might be willing to reduce the probation to 6 months instead of year
Expert:  Peter Griesch replied 11 months ago.

That's not very likely unless you have grounds to have the sentence reduced. I'd advise you hire an attorney to do so.

Customer: replied 11 months ago.
Thank you for the help
Expert:  Peter Griesch replied 11 months ago.

You're welcome.

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

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