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Arizona Set Aside Record FAQFrequently Asked Questions


This page was designed to help our clients better understand our Arizona set aside 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:

Didn't find the answer you were looking for? Ask your question in the comments below so we can answer it for you!

Comments:

ronnie

07/23/2014 03:19 pm

So what I don't understand is in one question it says you can have a conviction expunged...then it looks like it said if convicted of it you can't if you have been convicted can you get it set aside or expunged or not?

Ronnie

07/28/2014 10:19 pm

I have friend who has 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, was not granted that back right away because of a recent DUI. But 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?

Jenna Thorne

07/29/2014 03:09 pm

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.

Jenna Thorne

07/30/2014 07:03 pm

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.

Ronnie

07/30/2014 07:10 pm

So even though his offense was listed as a non eligible for setting aside, he got a consideration, but my offense is not eligible whatsoever is what you are basically saying? Thanks, Ronnie.

Jenna Thorne

07/30/2014 07:43 pm

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.

Jun Tektek Castelo

09/16/2014 01:48 pm

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?

MathewHigbee

09/16/2014 02:26 pm

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.

Scott74

10/14/2014 03:22 am

It looks like record sealing is reserved for wrongful arrests. Does the State actually ever admit 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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