Can a Felony Record Be Expunged in Arizona?

Question from Taj, Can a Felony Record Be Expunged in Arizona?

Answer from AI:

In Arizona, the process of dealing with a felony record is not referred to as “expungement,” but rather as “setting aside” a conviction. This process can help individuals with a felony record from 20 years ago, like your friend, to potentially clear their record under certain conditions.

Understanding the “Set Aside” Process

In Arizona, a person with a felony conviction can apply to have their conviction “set aside” under Arizona Revised Statutes § 13-905. This means that the court can dismiss the penalties and disabilities resulting from the conviction, although the record itself is not erased.

Eligibility Criteria

To be eligible for a set aside, certain conditions must be met:

• The individual must have completed all terms of their sentence, including probation, parole, or any other court-imposed conditions.
• There should be no pending criminal charges against the individual.
• Certain offenses, such as those involving serious physical injury, use of a deadly weapon, or sexual offenses, may not be eligible for a set aside.

Steps to Apply for a Set Aside

If your friend is eligible, they can follow these general steps to apply for a set aside:

1. Obtain the necessary forms from the court where the conviction occurred. Many courts provide these forms online.
2. Complete the application, providing details about the conviction and demonstrating rehabilitation and compliance with the law since the conviction.
3. Submit the application to the court. There may be a filing fee, although some individuals may qualify for a fee waiver.
4. Attend a court hearing if required. The judge will consider factors such as the nature of the offense, the individual’s behavior since the conviction, and any objections from the prosecution.

Potential Benefits of a Set Aside

Having a conviction set aside can offer several benefits:

• Improved employment opportunities, as employers may view a set aside more favorably.
• Restoration of certain civil rights, such as the right to vote or serve on a jury.
• Enhanced personal reputation and peace of mind.

When to Seek Legal Advice

While the set aside process can be pursued without an attorney, it may be beneficial to consult with a legal professional, especially if:

• The case involves complex legal issues or multiple convictions.
• There are questions about eligibility or the potential impact of a set aside.
• Assistance is needed in preparing a compelling application.

For personalized advice, it is recommended to consult with a legal professional who can provide guidance based on the specific circumstances of the case.

Additional Resources

For more information, you can visit the Arizona Judicial Branch’s website, which provides resources and forms related to setting aside a conviction: Arizona Courts – Set Aside Conviction.

Remember, while setting aside a conviction can provide significant benefits, it does not completely erase the record. It is important to understand the limitations and potential outcomes of this legal process.