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How to Expunge a Criminal Record in Phoenix
Last updated: December 12, 2013
If you’ve been convicted of an Arizona crime, it can stay on your record until you are 99 years old. Fortunately, Arizona law provides you an opportunity to clean up your record under certain conditions. While many states refer to this process as expungement , in Arizona it’s called setting aside a judgment. If you want to read the law for yourself, it’s A.R.S. § 13-907. Confusing? Sadly, criminal statutes usually are. Instead of trying to figure it out, here’s a breakdown of how to expunge/set aside a criminal record in Phoenix.
Can All Arizona Convictions Be Set Aside?
No, but most can. These crimes are not eligible:
- 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; or
- A driving/moving violation while the defendant’s license was suspended or revoked.
What Do I Need to Do First?
Remember when the judge originally sentenced you? You’ll have to have completed all the terms and conditions of your probation. That means you can’t be on probation. Also, make sure you’ve completed any alcohol or substance abuse programs, and any anger management classes.
What about a Felony Conviction?
If you’ve been convicted of two or more felonies and/or sentenced to prison. you have to wait two years before applying for a judgment to set aside your conviction, to restore your gun rights and other civil rights.
Next, you’ll file a petition in the county where you were convicted. In the Phoenix area, it’s be with the Clerk of the Court for Maricopa County. If you are trying to petition the court without a lawyer, here is a link to the forms in Maricopa County (PDF). A judge will consider whether or not to grant your petition.
If My Conviction Is Set Aside, Will It Still Show Up on a Background Check?
Yes, assuming it is a comprehensive background check. The law doesn’t require that a conviction be removed from a person’s criminal record. It is required that the record show that the conviction has been set aside. Your criminal record will likely show the original charge and conviction, but also that it was vacated and the court entered an order of dismissal. That may not sound all that great, but it’s the best we’ve got in Arizona.
Why Should I Try to Get My Judgment Set Aside?
There are several reasons. It’ll generally be easier to find a job, possibly possess a firearm again, get back into the voting booth, serve on a jury (who wouldn’t want to do this?), and you’ll have a notation of the set aside on your record.
Remember, laws frequently change. You should at least consider speaking with a qualified attorney or legal aid group about getting your criminal record expunged in Phoenix.