Free or reduced fee legal help might be available for those that qualify. Click or call If I committed a crime in California, can I get it Set Aside in Arizona? No.
Table of contents
- Correcting Mistakes on Your Criminal Record in Arizona If You Were Wrongfully Charged
- Expungement
- Expungement in the United States - Wikipedia
It is not technically possible to expunge — that is, erase or seal—an arrest or charge on an Arizona criminal record. Your criminal history will remain on the books until you reach the age of 99, even if you have completed probation.
Correcting Mistakes on Your Criminal Record in Arizona If You Were Wrongfully Charged
In addition, if your criminal history record contains mistakes, you can have your record corrected. Arizona does not have an expungement law, but you may be able to have a felony or misdemeanor conviction set aside. However, anyone who checks your criminal record—for example, a potential employer—will also see the set aside order. In other words, they will know that you satisfied all the conditions of your probation or sentence, that a court vacated the conviction, and that all the charges against you were dismissed.
To learn more about having a conviction set aside, visit the Arizona Department of Public Safety website or consult a lawyer. If you were arrested, indicted, or charged for a crime and then cleared of all charges, you may ask the superior court to note on your criminal records that you were cleared. If you were convicted of prostitution as a result of having been a victim of human trafficking, you may ask for the record of that conviction to be vacated.
Once your conviction is vacated, under most circumstances you may state that you were never arrested for, charged with, or convicted of the crime. Since the passing of the Protection of Freedoms Act , people convicted for homosexual acts between consenting adults under section 12 of the Sexual Offences Act can apply to have the conviction totally removed from their criminal record. In the United States, most states allow for expungement of criminal records, though laws vary significantly by state.
The availability of expungement and the type of charge or conviction that may be expunged will depend upon the laws of the state in which the case was prosecuted. Even after expungement, other states may maintain a public or confidential record of the charge and its disposition.
Eligibility for an expungement of an arrest, investigation, detention, or conviction record will be based on the law of the jurisdiction in which the record was made.
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Ordinarily, only the subject of the record may ask that the record be expunged. Often, the subject must meet a number of conditions before the request will be considered. Some jurisdictions allow expungement for the deceased. Requirements may include one or more of the following: Types of convictions that are often not eligible for expungement include: Most jurisdictions have laws that allow - and in some states even require - the expungement of juvenile records once the juvenile reaches a certain age. In some cases, the records are destroyed; sometimes they simply are "sealed.
The idea is to allow the juvenile offender to enter adulthood with a "clean slate," shielding him or her from the negative effects of having a criminal record. States have taken significantly different approaches when it comes to expungement for controlled substance violations such as marijuana and hashish. Typically, only convictions of possession or possession with the intent to distribute are eligible for expungement. For example, in New Jersey, the threshold is 25 grams for marijuana and 5 grams for hashish if the offense occurred when the offender was 21 years of age or younger.
Procedures for obtaining an expungement are different in each state, but tend to follow a similar process: There is no post-conviction relief available in the federal system, other than a presidential pardon. Rangel proposed the Second Chance Act in , , and , which was intended to "[amend] the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense".
Expungement
In some jurisdictions, all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system can be expunged. Each state sets its own guidelines for what records can be expunged, or for whether expungements are available at all. The petitioner requesting an expungement of all or part of their record will have to complete forms and instructions to submit to the appropriate authority.
This is called appearing pro se.
A criminal record can only be expunged by the jurisdiction in which it was created. The federal government cannot order the expungement of state criminal records. States cannot order the expungement of records from other states or jurisdictions. When applying for a state professional license or job that is considered a public office or high security such as security guard, law enforcement, or related to national security , you must often disclose that you have an expunged conviction.
Failure to disclose an expunged criminal charge may result in denial of a license or denial of a security clearance by the Department of Justice. Some criminal convictions may warrant automatic denials of licensure, whether expunged or not. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
Expungement in the United States - Wikipedia
Viewing this information does not create an attorney-client relationship. Do not send the firm confidential information. This website is governed by the Arizona Rules of Professional Conduct. Here are some facts about expungement set aside law in Arizona. If your conviction is set aside, the law does not require it to be removed from your criminal record. Instead, your record will show that your conviction was set aside, the judgement was vacated, and that the court has dismissed the charges against you.
If your conviction was set aside, you may still be required to disclose your prior conviction to your employer depending on what questions are asked and how they are phrased. Having your felony conviction set aside releases you — the defendant — from all disabilities and penalties that resulted from your conviction.