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Eligibility for Obtaining a Criminal Record Expungement in Arizona

Posted on behalf of Phillips Law Group on Sep 16, 2009 in Criminal Law

If you have been convicted of a crime in Arizona, the corresponding entry on your criminal record will follow you around in a way that could limit your future in several ways. You may have trouble being hired for a job, you wont be able to own a gun and you may lose other rights and privileges that other citizens enjoy.

Fortunately, Arizona allows you the option to petition the court for whats sometimes known as an expungement, which in effect wipes your criminal record clean. In Arizona, this process is not known as an expungement, but rather is called the setting aside of a conviction. The terminology may be different, but the effect is the same, although there are some crimes that cannot be in effect erased from your record, and these include:

  1. A crime involving serious physical injury

  2. A crime involving the use or brandishing of a deadly weapon

  3. A crime that was sexual in nature

  4. Any crime where the victim was a minor or younger than 15 years old

  5. A driving/moving violation while the defendants license was suspended or revoked

However, defendants who have been convicted of almost any other crime can pursue the setting aside of the conviction. As long as you have completed your sentence, any probation and any other requirements set out in your original sentence and you have not become involved in any other criminal problems, you can petition the court to have your conviction set aside.

In order to properly do so, you will need the help of an experienced Phoenix criminal defense attorney, as the process can be detailed and involve strategic decisions that can only be effectively made with a high level of success and experience. If youd like to wipe your slate clean, you need to get this process started by contacting Montano Arentz & Associates, PLLC today to schedule an initial consultation.

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