In Arizona, and most states, there is no such thing as expungement. Once a person is charged with a crime in Arizona, that police report and charging document will always exist as public records. If an HR department or any other entity wants to find it, it can. Even if the case is dismissed or someone is completely acquitted at trial, that charging document and the police reports will always exist. Nevertheless, there are still ways of “cleaning up your criminal record.”
The attorneys at the Law Office of Gonzales & Poirier have vast experience dealing with motions to set aside convictions. Our office files these motions weekly and understands how the process works. It is important to understand that these motions are not granted haphazardly.
On the other hand, for most criminal offenses in Arizona, one may move to have his or her conviction set aside under A.R.S. 13-907. If the motion to set aside is successful, it is similar to having the case dismissed after the fact. The sentencing judge recognizes that this person has fulfilled all requirements of the sentence and remained law-abiding. Setting aside the conviction may help the person move on with life with career advancement or improving immigration status. See A.R.S. 13-907 below.
13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions
A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.
B. The convicted person or, if authorized in writing, the convicted person’s attorney or probation officer may apply to set aside the judgment.
C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:
- The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.
- The game and fish commission pursuant to section 17-314 or 17-340.
D. This section does not apply to a person who was convicted of a criminal offense:
- Involving a dangerous offense.
- For which the person is required or ordered by the court to register pursuant to section 13-3821.
- For which there has been a finding of sexual motivation pursuant to section 13-118.
- In which the victim is a minor under fifteen years of age.
- In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.
The attorneys at the Law Offices of Gonzales and Poirier, PLLC carry vast amounts of experience and provide aggressive and affordable representation aimed at attaining the best possible results for our clients. Approaching each case with an individualized strategy tailored to the circumstances surrounding that case allows our lawyers to achieve optimal results while building meaningful relationships with our clients during what is often a very difficult period of time. Call us today for a free initial consultation at (928) 774-5400; or email us at firstname.lastname@example.org. We help clients in motions to set aside convictions across the State, including Flagstaff, Sedona, Cottonwood, Camp Verde, Prescott, Holbrook, & Winslow.
Remember each criminal case is unique and this article is not a substitute to consulting an attorney and does not predict or guarantee a certain result in your case. If you have questions contact us at 928-774-5400