"If you are arrested there is no record. If charges are there and you are not convicted there is no record."
This statement is simply not true. If you are arrested and later acquitted there will always be an arrest record unless you have it sealed. CBI and NCIC keep records of every arrest, regardless of conviction. Go to www.cbirecordscheck.com
to do a criminal history on anyone for $6.85. You will see some entries that simply inidcate an arrest and some entries that indicate an arrest and conviction with penalty.
As far setting aside the judgement, there is a small window of opportunity to do so. What is the date of conviction?