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What is the benefit of having a conviction set aside? If the background check still shows the charges, fines, jail time, etc?
Anonymous3 views4 answers
A potential employer will still know that you committed a crime and were convicted. Where's the benefit? Having the charges dismissed/set aside mean exactly what?
It means that you have done everything the court asked you to do when you were sentenced, and so the court is releasing you from the punishment of the conviction. You can show the order to a potential employer when you fill out your application so that they understand what it means. It's not the ideal solution, but it is better than having an employer draw their own conclusions from looking at your record.
There are times when the conviction, itself, prevents an employer from hiring you even though they want to hire you. Insurance or government regulation may prohibit hiring people with a certain conviction.
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Paul E KnostCriminal Defense AttorneyTolleson, AZ ·
I agree with my colleagues. Basically it just gives you the ability to say that the whole thing is completely done and you have not avoided any of your responsibilities pertaining to the conviction.
I also agree that often it is a liability issue for an employer. They might really want to hire you, but the corporation providing them with "insurance" is the one really calling the shots.
Also, it will help you obtain your right to vote and right to carry deadly firearms, and civil rights such as that.
But you are correct that the actual conviction, and the fact that you committed the crime, never goes away. Be careful with this. Even after a "set aside" you are not permitted to claim that you did not commit the crime that you were convicted of. Additionally, it can and will still be used to enhance any future sentence, subject to the standard rules and limitations of any prior conviction that has been "set aside."