21 Oct Getting Your Arizona Criminal Record Expunged
At Coolidge Law Firm in Chandler, Arizona, we know that a conviction of a crime at any level is not only mentally and emotionally difficult, but it can also create challenges in other areas of life as well. Once you have a criminal record in Arizona, especially a felony conviction, the consequences can be difficult to live with, since a conviction will stay on your record until you are 99 years-of-age. Rightly so, the consequences were established to deter crime. But after you’ve paid your debt to society, a part of rehabilitating and fully contributing to society once again might involve getting your Arizona criminal record expunged.
Getting Your Arizona Criminal Record Expunged
The first thing to note is that the State of Arizona does not actually have an expungement law. They do, however, have something called a Set-Aside Law. According to the Restoration of Rights Project, all civil rights lost upon the first felony conviction in Arizona are restored automatically after completion of the sentence (including probation). But if you’ve had two felony convictions, “those convicted of two or more felonies may regain rights only through judicial set-aside or pardon.”
How Does It Work?
The Set-Aside law is different from expungement in that it does not seal or erase your criminal record from the books. When you have a criminal conviction set aside in Arizona, it will still appear to employers and show up on background checks, etc., but the set aside status will indicate that you have fulfilled the sentence and probationary requirements.
Can All Arizona Criminal Convictions Be Set Aside?
Pursuant to Arizona Revised Statute § 13-907, set asides do not apply to a person when they have been convicted of:
- A dangerous offense.
- A crime for which you are required by the court to register as a sex offender.
- An offense involving a finding of sexual motivation.
- Any crime in which the victim is under 15 years of age.
- Certain driving offenses.
The rules pertaining to getting an Arizona criminal record expunged (or set aside) can be complicated. If you are looking to clear your record of a conviction, contacting a criminal law specialist to understand your options is the best route to take. Todd Coolidge prides himself in taking care of his clients. Call today for a consultation.
Photo by Almos Bechtold on Unsplash (10/21/2018)