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Arizona Set Aside Record FAQFrequently Asked Questions


The purpose of this page is to help our clients better understand our Arizona set aside service. You will find answers to questions we are frequently asked. If your question is related to your eligibility, please take the free online eligibility test.

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Topic: Arizona Set Aside Record FAQ
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mike
13th February 2015 10:50am
I had my class 6 felony reduced to a class 1 misdemeanor by the court in 2013. Recently I tried to purchase a firearm and was denied by ATF. The lady at the court told me that since my charge was reduced, it's like the felony conviction was never there. So why would I be denied and what can I do about this?
Admin:
You should be able to receive written notification by ATF as to why your purchase was denied. There may be other issues affecting your firearm rights; however, if it is due to the reduced charge, it is likely because notice of the reduction was not sent to other agencies (including DPS and the FBI). This is discussed on the Maricopa County's website (at the bottom of page 2): https://www.maricopa.gov/opa/pdf/RightsFAQ.pdf  They suggest you send a copy of the reduction to those agencies.  If you received written notice of the gun denial, you may be able to send in a dispute with a copy of the reduction to more quickly obtain approval of the firearm purchase.
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Rob C.
22nd January 2015 2:10pm
Am I required to disclose a felony conviction in another state to a prospective employer. It was over 10 years ago? Thank you for you assistance.
Admin:
If you were convicted and have not had the case expunged, sealed, or set aside you still have to disclose it and in most states employers will still see it on your background check.  Employers can continue to receive records of convictions indefinitely under federal law, though a few states have enacted stricter laws which would restrict access to 7 years. If you are asked about felony convictions and have not had it cleared by the court, it is definitely advisable to be up front and disclose the conviction.
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adam
27th November 2014 4:41am
I was arrested, but not charged. How do I get the arrest off my background check?
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MathewHigbee
27th November 2014 5:56am
Please take our free online eligibility test to see what you are are eligible for.
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Kristin Weninger
26th October 2014 8:12pm
Does it cost anything to get your record set aside?
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Jenna Thorne
27th October 2014 9:57pm
Please see the page for our AZ set aside service to view the current pricing information here: http://www.recordgone.com/ariz... We can break the flat fee into interest-free monthly payments, and our fees include all court costs and filing fees.
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Jun Tektek Castelo
16th September 2014 1:48pm
According to you: "Once the conviction is removed, it should not appear on private sector background checks." Does that mean that it will appear on non-private sector background checks such as government jobs which includes federal, state, county and city?
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MathewHigbee
16th September 2014 2:26pm
Yes, that is correct. Having the case set-aside changes the Arizona record. It withdraws the finding of guilt and dismisses the case. While the conviction comes off of the record, government reports may still show the arrest and/or court case, however, the record will now show a dismissed case, instead of a straight conviction.
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Ronnie
28th July 2014 10:19pm
I have friend who has had his record set aside in Arizona for a class 2 felony which involves assault with a dangerous instrument. He went in to get his gun rights back, but was not granted that back right away because of a recent DUI. He got his charges vacated that are stated as ineligible under the state law. I want to get my charges set aside for leaving the scene of a serious injury accident in Arizona which happened 14 years ago. I am worried I will have no such luck. Is it left up to the judge to decide which cases to vacate?
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Jenna Thorne
30th July 2014 7:03pm
Judges do have some discretion when deciding Arizona set aside cases. This was likely true in your friend's case, as the determination there was whether his case was considered a "dangerous offense" and while it sounds like a seemingly dangerous offense, judges have some leeway in making those determinations, especially if the crime was classified as "non-dangerous" at sentencing as part of a plea deal. Unfortunately, for traffic offenses that fall under TItle 28, Chapter 3, and leaving the scene of an accident is contained in that section of the code, the petition for a set aside should not even be considered or accepted, and it is much less likely a judge would attempt to exercise their discretion in that more clear cut of a circumstance.
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Ronnie
30th July 2014 7:10pm
So even though his offense was listed as a non eligible for setting aside, he got a consideration. Are you saying that my offense is not eligible whatsoever?
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Jenna Thorne
30th July 2014 7:43pm
Without knowing the specifics of his case, we cannot know why his case was given consideration and then granted. But yes, the offense you have listed is not eligible under the current set aside statute.
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ronnie
23rd July 2014 3:19pm
So what I don't understand is in one question it says that you can have a conviction expunged, but then it looks like it says that if you were convicted of it then you can't. So can you get a conviction set aside or expunged?
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Jenna Thorne
29th July 2014 3:09pm
A conviction in Arizona can be set aside. I apologize for the confusion. The distinction we are making in the answers above is the difference between a set aside and a sealing. The relief provided by a record sealing is reserved for wrongful arrests in Arizona. However, convictions are eligible to be set aside, assuming all other eligibility criteria are satisfied. You can review the information available on our website to learn more about these services, or contact us with any additional questions regarding setting aside a conviction.
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Scott74
14th October 2014 3:22am
It looks like record sealing is reserved for wrongful arrests. Does the State actually ever admit that they wrongfully prosecuted? I was arrested and charged with a serious felony in AZ. All the charges were dismissed before the trial. The accusation against me was completely false, but do I have to prove the arrest was wrongful to have the case sealed?

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