Getting Your Records Expunged in Arizona
If you have been convicted of a crime in Arizona, that history could follow you throughout your life in different ways. It could seriously harm your ability to obtain gainful employment, it could prevent you from voting in certain instances and it could basically prevent you from enjoying some of the same rights and privileges that most citizens take for granted.
Fortunately, Arizona law provides those convicted of crimes to wipe the slate clean in terms of their criminal record in the form of an expungement. However, obtaining such a result is an involved and intricate process that requires the help of a skilled Arizona criminal defense lawyer. Montano Arentz & Associates PLLC is an Arizona law firm that has helped countless clients clear up their criminal record and obtain a fresh start. Below is an overview of the issue of expungement in Arizona.
Clearing Arizona Record - Court Petition
The law in Arizona uses a different phrase to describe expungement, and its known as setting aside a judgment. The Arizona Revised Statutes, Section 13-907 provide the right to have convictions set aside, and the language basically states that any person who was convicted of a crime may petition the court to set aside the judgment after he or she has completed the sentence attached and/or the required probation. This right to pursue an expungement is to be explained to the convicted defendant at the time he or she is discharged from the sentence or probation that was originally required to be completed.
Obviously, having a criminal record in-effect wiped clean provides the person who successfully obtains such a result with several different benefits. A few examples of these include:
- A generally easier time finding a job in Arizona
- A potential restoration of gun ownership privileges in Arizona
- A potential restoration of the right to vote in Arizona
- A notation in the criminal record that the Arizona conviction was set aside and the charges dismissed
Clearly, having to go through life as a convict is not a positive influence on the overall quality of life that the person can enjoy. However, there are several requirements that must be met in order for the pursuit of an expungement in Arizona to be successful.
Arizona Criminal Record Expungements
The law in Arizona also sets out several different requirements that must be met in order for a convicted defendant to successfully have a criminal conviction set aside. Before examining a convicted defendants potential eligibility for an expungement, it should be noted that there are certain crimes for which a conviction cannot result in the setting aside of the conviction. These crimes include:
- A crime involving the infliction of serious physical injury
- A crime involving the use or exhibition of a deadly weapon
- A crime that was motivated by sexual desires
- Any crime where the victim was younger than 15 years old
- A driving/moving violation while the defendants license was suspended or revoked
If a conviction deals with any of these sorts of crimes, an expungement/setting aside of the conviction will not be possible. However, for any others, expungement is achievable, provided that the following requirements are met:
1. The defendant must have met all the requirements set out in the original sentencing after the conviction, including:
- The jail or prison sentence
- Any probationary period
- Any alcohol or substance rehabilitation programs
- Any anger management course completion requirements
2. The defendant cannot have any additional criminal convictions from anywhere between three months and six years from the date of the completion of the original sentence and/or probation that was tied to the original conviction.
If you feel that you are eligible for expungement in Arizona, you still need to make sure that you put your best foot forward when you petition the court to do so. This could include presenting several different pieces of evidence to the court thats hearing the matter, including any documentation that proves that your sentence is complete, documentation that proves you have not had any additional problems with the law since your original conviction and any other relevant facts that could convince the judge that you deserve a clean slate.
Arizona Expungement Law Firm Help
Even though the issue of expungement/setting aside a conviction in Arizona is clear in terms of the required standards, the matter could still come down to strategic matters in regards to how your petition is presented and argued in court. Rather than take the risk that your record will not be wiped clean, you need to contact the Arizona expungement attorneys at Montano Arentz & Associates PLLC today to schedule an initial consultation, as a clean slate is too important for your future to take lightly. The firm offers several flexible payment plans, so do not allow possible monetary concerns to prevent you from starting anew with all the rights and privileges that everyone else enjoys.
Montano Arentz & Associates, PLLC and Phillips Law Group, P.C. are separate independent law firms from other firms listed on this website. Phillips Law Group, P.C. handles only contingency fee cases. This includes automobile and vehicle accidents and all personal injury cases but we also handle medical malpractice, product liability, employment, wage and hour cases, Social Security disability and worker's compensation cases. Montano Arentz & Associates, PLLC, handles only Criminal and DUI cases, as well as consumer Bankruptcy and Debt Relief cases, and Immigration Law cases.