Criminal Record Expungement; Mistakes Shouldn’t Follow You Forever

Posted by Phoenix Criminal Defense Lawyer Nick Alcock:

We’ve all applied for jobs and had to fill out the form application that always has the question about whether you’ve been convicted of a crime. We all also know that checking that box and having to explain is most likely the kiss of death for actually getting the job. For this reason, many people look to lawyers for help with a legal process called “expungement.”

Fortunately, Arizona law provides those convicted of crimes to wipe the slate clean in terms of their criminal record in the form of an expungement. Essentially, this is a procedure through which an arrest or conviction can be removed from your permanent record, free from public inspection. The law in Arizona uses a different phrase to describe expungement, and it’s known as setting aside a judgment. The Arizona Revised Statutes, Section 13-907 provide the right to have convictions set aside, and the language basically states that any person who was convicted of a crime may petition the court to set aside the judgment after he or she has completed the sentence attached and/or the required probation.

The first step towards expunging your record, is determining if you are eligible for expungement. In Arizona, you can have your arrest record expunged if you were wrongfully arrested, indicted or otherwise charged for any crime. Once you have determined whether you qualify for expungement, the next step is to petition the superior court for entry upon 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. After a petition is filed, the court will decide whether or not to expunge your record. The court will balance the strength of the state’s case against you; the reasons the state gives to keep the record; your age, employment history, and criminal record; the amount of time between the arrest and the petition; and any specific issues that you would have if the record is not expunged. Then you wait to see what the result is.

Even though the issue of expungement/setting aside a conviction in Arizona is clear in terms of the required standards, the matter could still come down to strategic matters in regards to how your petition is presented and argued in court. Rather than take the risk that your record will not be wiped clean, you need to contact the Arizona expungement lawyers at Alcock & Associates today at 602-989-5000 to schedule an initial consultation. Our firm offers several flexible payment plans, so do not allow possible monetary concerns to prevent you from starting fresh with all the rights and privileges that everyone else enjoys.