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sueacarr · May 23, 2013, 05:34 PM

I have a felony conviction for theft in Arizona. I did 14 months of prison time and 5 months of parole. I am trying to get my conviction "set aside" The problem is DOC won't give me my absolute discharge because I owe restitution. My defense attorney told me before I was sentenced that after serving my time the victim would have to file against me in civil court to collect. I have no problem paying what I owe, but because of my conviction I can't find a job. How would I get the criminal order for restitution quashed or sent to civil court?
Thank You

Fr_Chuck · May 23, 2013, 07:37 PM

You are totally misinformed.
1. your are not going to get conviction set aside, but may get a early release of probation.
2.You are not going to get off probation with restitution still owed.
3. you are in more serious issue,since your probation can be revoked for non payment of this, or at least sitting up a payment plan.

4. The victim should not have to "try" and collect, you are under court order to pay him in criminal court. Victim can complain to court that you are not paying him, it can endanger your probation

5. If you refuse to do what has been ordered by court, the victim may file in court for the court order to be enforced.

You will need to get your attorney to file this and present a case as to why the victim does not deserve to be paid. I see no way this will happen

AK lawyer · May 23, 2013, 07:52 PM

I am curious how you believe that your difficulty in finding a job stems from the restitution order. More likely than not, it stems from the fact that you were convicted of a felony.

suecarr1 · Jun 1, 2013, 05:54 PM

I'm sorry. I must have not been clear.
I have been OFF parole since 2011. (no probation)
In Arizona you can have a conviction set side, that doesn't mean its dismissed or pardoned, but I would get my civil rights back and it is easier to get a decent job.
As I said I plan on paying every dollar back, but it is very difficult to gain employment with the felony. The court will not accept the paperwork without the absolute discharge from DOC. I contacted the victim (with permission) they were fully reimbursed by insurance. I contacted the insurance company ( changed ownership three times) Can't get a call back. My frustration is I want to do the right thing I want to be employed and not on welfare. I want to pay SOMEONE back and have my civil rights restored. Thanks for your patience. Sue