Top 10 Arizona Expungement / Set Aside Questions

free case review

Fill out the form below, or call us at
(602) 560-7408.

practice areas

DUI DEFENSE

CRIMINAL DEFENSE

Recent Blog Posts

Top 10 Questions about How to Expunge a Criminal Conviction.

  1. Can You Get Your Criminal Record Expunged in Arizona?
  2. What is the Difference between Post-Conviction Set Aside and Expungement?
  3. How Long Does a Felony Remain On Your Record in Arizona?
  4. How Long Does a Misdemeanor Remain on Your Record in Arizona?
  5. What Crimes Cannot be Removed Off Your Record?
  6. Can an Expungement Lawyer Restore My Civil Rights?
  7. What About Convictions that Occurred in a Different State?
  8. Can You Set Aside Federal Convictions in Arizona?
  9. If My Conviction has been Set Aside, Will it Still Show Up on a Background Check?
  10. How does a Criminal Conviction Record Affect My Life?

Where to Start: Arizona Expungement / Set Aside

Having a criminal conviction on your record can make many things in your life a little more difficult. Job and rental applications often ask if you have ever been convinced of a crime, and although they leave space to explain the conviction, it would be much nicer to be able to say that the conviction was set aside and then explain what happened in your past.

If you have been convicted of a crime in the past, misdemeanor or felony, you may be able to have your conviction set aside. Many people refer to this as an expungement off your record. However, Arizona does not expunge, or remove, a past conviction from your record like some other states. In Arizona, the courts will set aside a criminal conviction. This means that the conviction occurred, but it is no longer recognized.

If you want to set aside a criminal conviction from your record, you will need to contact a criminal defense attorney to manage your request. An expungement lawyer can make sure that everything is prepared correctly so that the court will agree to take the conviction off your record.

 


1. Can You Get Your Criminal Record Expunged in Arizona?

You cannot have a conviction removed from your record completely, but you can have it classified as set aside. This means that the law no longer recognizes the conviction and does not consider you a convict. Working with a set-aside lawyer can help you through this process and clean up your past conviction.


2. What is the Difference between Post-Conviction Set Aside and Expungement?

The main difference between a post-conviction set-aside and expungement is that your conviction will still show on your record when it has been set aside. Arizona law will not allow you to completely remove or expunge the record of a conviction. However, as your set aside expungement lawyer will explain when a conviction has been set aside, the law no longer recognizes the past crime.


3. How Long Does a Felony Remain On Your Record In Arizona?

Arizona law states that any felony conviction that occurs within its state, such as a felony aggravated DUI, will remain on the convicted person’s record until the age of 99. The only exception to this law is if the person was a minor and that minor was not convicted of a dangerous offense or a sexual offense. The only thing that a person can do once they have been convicted is to contact a set-aside lawyer and apply to have the conviction set aside. At that time, the conviction will be seen as something in the past, and many civil rights will be restored.


4. How Long Does A Misdemeanor Remain On Your Record In Arizona?

Arizona laws regarding the length of time that a conviction remains on your record do not distinguish between misdemeanors and felonies. If you are convicted of a misdemeanor, such as a DUI conviction, it will remain on your record until you reach the age of 99.


5. What Crimes Cannot Be Removed Off Your Record?

You cannot have a conviction set aside in Arizona if you have been convicted of any of the following crimes:

  • Any crime considered dangerous or that inflicted harm on another person
  • Any crime that is sexual in nature and requires the convict to register with the sexual offender’s database
  • Some sexual crimes that do not require registration with the database
  • Most crimes that involve a victim that is under the age of 15
  • Certain driving offenses

It is very important to speak with an attorney about having your conviction set aside. Arizona law changes frequently, and many persons that were not previously eligible to have their convictions set aside may now qualify.


6. Can An Expungement Lawyer Restore My Civil Rights?

Most civil rights, such as the right to vote, hold office, and perform jury duty will be restored when your conviction has been set aside. Your attorney will explain to you what rights are automatically granted when the set aside is complete.

Gun ownership rights are different. To have gun ownership rights restored after being convicted of a felony, the applicant must:

  • Wait two years or more after they have been discharged from jail and have paid all restitution.
  • Persons convicted of “serious offenses” such as common felonies, sexual offenses, and crimes against children, must wait for ten years after discharge to apply for the rights to own a gun.
  • Persons convicted of “dangerous crimes” or those that include using a deadly weapon or intentionally inflicting physical harm on others will not have the ability to restore gun ownership rights.

7. What About Convictions That Occurred in a Different State?

If you have been convicted of a crime in another state, you cannot file to have the conviction set aside in Arizona. Arizona law only allows people to petition to have convictions set aside for crimes that took place within the state borders.


8. Can You Set Aside Federal Convictions in Arizona?

Arizona courts do not have the authority to set aside or expunge convictions that take place in a federal court. You will have to petition the federal court system to have any federal convictions expunged from your record.


9. If My Conviction Has Been Set Aside, Will it Still Show Up on a Background Check?

If you have successfully had your conviction set aside by the court, the conviction will still appear on your background check. However, your background check will reflect the fact that the conviction has been set aside and that the court no longer recognizes the crime or conviction.

Anyone that is conducting a criminal background check must acknowledge that the conviction has been set aside and must not view your record as containing a criminal conviction.

Thankfully, many employers and rental agencies will only perform a background check for a few previous years. This means that with time, many people will not even see the conviction at all or that it was set aside. In some states, the state even limits how far back a company can research your background.


10. How Does A Criminal Conviction Record Affect My Life?

A criminal record can impact so many different areas of your life. It can affect your job or potential job, apartment rental, or other leasing options, and even have an impact on your personal life.

However, applying to have a conviction set aside can change everything. The set-aside means that the court no longer views the criminal action as valid, and therefore, it basically never occurred.

Having your criminal record cleared can help you reestablish many of your civil rights. It can help you secure better job positions and show your loved ones that you have moved on from your mistake in the past. Having a conviction set aside is also very beneficial to your mental well-being.

When the court grants you a set aside for your conviction, it is saying that you have completed all the penalties for the crime. You have served your jail sentence and made the proper restitution. In their eyes, the action no longer exists, and therefore, in your eyes, you can leave this incident in the past.


Hiring A Criminal Set Aside / Expungement Lawyer

If you have a criminal conviction in your past and you are ready to move on with your life, it is time to contact a set-aside attorney. Your attorney will be able to help you meet all of the necessary qualifications for the court to have your conviction set aside.

Arizona Set Aside / Expungement Lawyer Arja Shah

Arja Shah can help set aside your conviction

Set Aside attorney Arja Shah, will review your case and determine if all of the penalties attached to your case have been met, such as time served and restitution. The court no longer requires that all of your court fees or fines are paid in full before applying for a set-aside.

If all the qualifications have been met, your attorney will begin the Petition to the Court to ask for your conviction to be set aside. If you meet all criteria, it is most likely that your request will be granted, you will have a majority of your civil rights restored, and your conviction will be set aside.

The Petitions can be very complicated. The court will not award a set aside if they feel that the person has not met all the criteria for this type of proceeding or if the case cannot show that this was not a crime that is disqualified from a set-aside award.

Arizona law no longer requires that you apply for a set aside at the same court where you were convicted. Any court within the state of Arizona has the ability to set aside your conviction. This change to the law has made having your previous conviction set aside much more attainable.

If you are wondering if it is worth the effort to have a conviction set aside, especially if it was a misdemeanor, the answer is yes. Even if your conviction was for a minor crime or a misdemeanor, making an effort to have it removed from your record can improve many different areas of your life. Showing employers and insurers, and rental companies that these things are in your past and no longer valid can help you achieve the goals you have now set for yourself.

Working with attorney Arja Shah can simplify the entire set aside process. If you are ready to put the past in the past, it is time to contact a criminal conviction record set-aside attorney today.

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTS SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
Call Now ButtonClick Here to Call Now