Expungement or Setting Aside Judgments
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Expungement or Setting Aside Judgments in Arizona
If you have a criminal record, you know that your record can cost you jobs and damage your reputation. To clear your record and restore your good name, you may wish to consider having your record set aside. In Arizona the term “expungement” simply refers to setting aside one’s criminal records after a conviction has already occurred. In other words, the prior offenses of the individual whose criminal conviction was previously present in Arizona State’s public records will show that the conviction has been cancelled, revoked, or modified.
Obtaining an expungement can be a relatively difficult process, best guided by an attorney with knowledge of Arizona criminal law. The knowledgeable criminal defense lawyers at Rowley Chapman & Barney, Ltd. have extensive experience helping with the process of expungement. Give us a call at our Mesa office at (480)833-2341 or contact us online today for help getting a conviction removed from your criminal record in Arizona.
Expungement or Setting Aside the Judgment
In Arizona, there are two ways to have your conviction “expunged.” The first is through an “Entry of Clearance on Records.” According to this law, any individual who believes that he or she has been wrongly arrested, charged, indicted, or convicted of a crime is able to file an appeal with the superior court. According to the law, an individual in can petition:
for entry on all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared. (See ARS 13-4051 for information)
In lay terms, this means that any police or court records – or the records of any other agency or organization – must note that the individual has been cleared of the charges, effectively exonerating the person and preventing them from being used against the person who was previously implicated in a crime.
If a person obtains an entry of clearance of records, the government, including law enforcement, is expressly prohibited from distributing copies of the prior record and the access to it. The only way access to these records may be granted is through a court order. Furthermore, anyone who distributes copies of the prior record or access to the information therein is held liable for the damage caused to the reputation of the individual whose records have been expunged.
An individual may also petition the court to set aside a judgment under A.R.S. 13 – 907.
This is different from the entry of clearance of records in that it does not require a person to have been wrongly arrested, charged, indicted, or convicted. Anyone convicted of a crime can request their conviction set aside. Setting aside a conviction has the effect of releasing the person from most penalties. There are some penalties that cannot be eliminated such as those imposed by the Department of Transportation under A.R.S. §§ 28-3304 , 28-3306, 28-3307, 28-3308 or 28-3319. In addition to removing penalties, there are other benefits. It’s best to talk with an attorney to determine whether or not your case is eligible and whether there are significant benefits in setting aside your conviction.
Some common cases where convicted individuals may seek to set aside their judgment include non-violent offenses and conviction of minors.
Contact A Lawyer For Expungement and Setting Aside Judgments in Mesa
A criminal defense lawyer at Rowley Chapman & Barney, Ltd. can help you with setting aside your criminal record in Arizona.