This page was designed to help our clients better understand our Arizona Probation Termination service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Simply click on a question to see its answer:
No, the exact disposition of your case does not matter.
No, we can petition to terminate probation whether you are on formal or informal probation. (ARS 13-901(E))
We will be glad to work with you to get a copy of your record and to review what can be done to help you. We charge a researching fee, which we apply to the cost of any service that you hire us to perform.
While we cannot definitively predict the outcome of your case, we have been successful in more than 85% of our probation termination cases. The more supporting evidence that you have of your reform and law-abiding behavior, then your chances of success increase. If you would like us to evaluate your case and give you the chances of success, then we can do so for a fee, which will be applied to the probation termination fee if you sign up.
The court considers your criminal history, amount of time spent on probation, your age, seriousness of the offense, compliance with other terms of the sentence, the need for relief, the potential benefit to society, and any other relevant factors.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) probation was violated, or (5) fines were not fully paid
We recommend that you complete at least seven years of probation before petitioning the court.
One of the requirements for setting aside your conviction is that your probation is completed. If your probation is terminated early then this requirement is met. (ARS 13-907) Please take our free eligibility test to determine if you are eligible to set aside your conviction.
Yes. We can file for them at the same time and can offer a discount on the set aside if you sign up for the two services together.
No. In order to file for setting aside a conviction you can't be on probation for the particular case that you are attempting to set aside. (ARS 13-907)
You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.
If you were convicted of a federal felony and you would like to have your gun rights restored, then please see the federal gun right restoration section.
Typically, the process takes about two to three months. Maricopa County is taking approximately five to six months on average.
We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the amount of time since the conviction, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If helpful, we will gladly write your employer or potential employer a letter notifying them we have reopened the case and are in the process of having the case dismissed.
We have an online tracking system for you to stay updated on the progress of your case(s). You will have a user name and password to access your account where you can view all of the information specific to your case. Whenever anything happens in your case, we post notes in your online account so that you can view the status of the case and the progress that has been made.
If there are no notes in your online account, then that means there is currently no update on the case. For example, once we have filed the petition with the court, we will update the notes when we hear a response from the court or District Attorney. Depending on the case, it can take several weeks or even months to hear from the court or District Attorney regarding the next step. If something is taking longer than usual for the court, we will call to obtain the status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information so you are aware of the case and future hearings.
Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print the necessary content.
No, we will go to court for you. If the court requests your presence and you are unable to attend, we will file a motion to excuse your appearance.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. Waiting until probation expires or waiting longer to refile may be best option.
You will receive a court order terminating your probation and closing your case. Then you may be eligible for to have the conviction set aside.
We are unable to offer a money-back guarantee on this service, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We are unable to offer a money back guarantee and also provide such low prices for our services at the same time.
Probation termination will not terminate the requirement to register. (ARS 13-3821)
If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance into Canada and further action will be required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States, so the Canadian government will have whatever information the United States has on file. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of terminating your probation is that it will show the Canadian government that you are no longer serving a sentence, additionally it may allow you to have the conviction set aside. This will improve the odds of being granted entry into Canada and help avoid being stuck at the border for a lengthy interrogation.
The Border Patrol has discretion in granting or denying Sentri passes. So, the only thing we can say for sure is that it would help; investing in record clearing before applying for a pass would be advantageous. A modest investment in terminating your probation and getting a set aside could be the difference between having your request accepted or denied. The set aside will show that you have resolved all matters with the court.
If you were convicted of a misdemeanor, then you did not lose the right to vote. Upon completion of your sentence for your first felony, your civil rights are automatically restored. If the case you wish to set aside is not your first felony, then you have to apply to have your civil rights restored. If the sentence included probation, then you can apply to have your rights restored immediately after the probation is terminated. If the sentence included imprisonment in the state prison, then you must wait two years after the date of absolute discharge to have your rights restored. Civil rights restoration is included in the setting aside service. Civil rights restoration does not include firearm rights, which must be petitioned for separately. (ARS 13-912, 13-905, and 13-906)
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, it is important to get a case-by-case analysis tailored to your specific facts. To find out if your criminal conviction will impact your immigration case it is imperative you contact a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
No, you must apply for that separately. The two most common reasons for a person to lose their right to own or possess a firearm in Arizona are: (1) being convicted of a felony or (2) being convicted of misdemeanor domestic violence.
(1) If you were convicted of a felony, setting aside will not restore your right to own a firearm. To determine eligibility for restoration of the right to own a firearm, please see section on restoring gun rights.
(2) There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal definition is narrower than Arizona's definition, so your domestic violence conviction in Arizona might not trigger the federal law. Setting aside in Arizona does not lift the federal prohibition.
In Arizona, you may serve on a jury if you: (1) are at least eighteen years of age, (2) are a United States citizen, (3) are a resident of the jurisdiction in which you are summoned to serve or your name and address appears on the master jury list as presumed to be a member of said jurisdiction, (4) have never been convicted of a felony, unless your civil rights have been restored to you, (5) have not been adjudicated mentally incompetent or insane. (A.R.S. § 21-201)
If you have been convicted of a felony, upon absolute discharge of your conviction you have the right to submit an application to withdraw your plea of guilty and restore your civil rights so that you may serve on a jury. (16A A.R.S. Rules Crim. Proc., R. 29)
Having your probation terminated early will increase your chances of being hired,because you can truthfully state you are not serving a sentence or on probation. You should, however, further increase your chances by having your conviction set aside, which will allow you to truthfully state you were not convicted.
Your background check will show that probation was terminated and you are not serving your sentence. Your case, however, will still show as a conviction unless you have your case set aside.
The court will send the granted order to the Arizona Department of Public Safety (DPS). The Arizona DPS will then update their records and the public criminal record databases will be updated to reflect that your probation was terminated and case closed.
The court updates their records within 48 hours and the Arizona Department of Public Safety (DPS) has up to 30 days to update their records. However, the DPS typically updates their records before the 30 days expire.