Arizona Juvenile Set Aside Frequently Asked Questions

Why would I want to set aide my juvenile adjudication?

After you complete your sentence for a juvenile offense, the court does not automatically set aside the records. You have to petition the court to set aside the records. However, once your record is set aside you are not longer convicted or adjudicated delinquent for the crime.

Back to top

Will it still show up on my background check?

That depends on the type of background check that is used. If the employer does your standard commercial background check, the chances are the case will not appear. If the employer requires you to submit fingerprints and provide a copy of your Arizona Department of Public Safety report, it will show that there was a case, but it was set aside and there is no conviction or finding of guilt.

Back to top

Can it still be used against me for a future conviction?

The case can still be used for sentencing purposes in later adult criminal prosecutions.

Back to top

Do I have to disclose it ever?

You do not have to disclose the case and can answer with confidence to any inquiry or to an application for employment that you have not been convicted or adjudicated delinquent for a crime.

Back to top

Can I become a schoolteacher, nurse, or other occupation?

You can truthfully say you were not convicted to any question for employment. Even though the case may be viewed on extensive background checks, it will appear as a dismissed case with no adjudication. This will certainly increase your chances.

Back to top

What if I want to work in a bank?

Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective employees who have had certain “Breach of Trust” convictions from jobs that they are otherwise qualified for even if they had the conviction expunged. If you have a “breach of trust” conviction and were denied a job with a financial institution because of that conviction, there still is another possible way to obtain that job. It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver from the FDIC.

Back to top

What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not Arizona state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

Back to top

What if I want to become a police officer?

For Arizona, once your juvenile records have been set aside, you are released from all penalties and disabilities as a result of the adjudication. Thus, it will increase your chances, if it is seen, because it will not be treated as an adjudicated case.

Back to top

Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the juvenile adjudication off of your record.

Back to top

Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

Back to top

How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue your case in court. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better able we are to argue the case in your favor.

Back to top

How long does the process take?

Typically, the case takes about four to six months.

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 age of the case, 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.

Back to top

Can it be done faster?

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 it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it set aside.

Back to top

How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain 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 in the 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 it.

Back to top

Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

Back to top

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

Back to top

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

Back to top

Does it matter if I pled guilty or no contest?

No, it does not matter. We can set aside your adjudication regardless of what you pled.

Back to top

What is the main reason that a request to set aside is denied?

If it is denied, it is usually because of (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) violating probation and (5) not paying fines.

Back to top

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then we evaluate whether there is a basis for appeal.

Back to top

Will it relieve me of the requirement to register?

Juvenile adjudication that requires registration is not eligible to be set aside. Therefore, setting aside the judgment does not affect registration.

Back to top

What happens after my juvenile adjudication is set aside?

You will receive a court order setting aside your juvenile adjudication. Criminal record databases will be updated to reflect that your juvenile adjudication was set aside and your case was closed.

Back to top

How do the agencies know it was granted?

The court will send the granted order to the Arizona Department of Public Safety. The Arizona Department of Public Safety will then update their records and the public criminal record databases will be updated to reflect that your juvenile adjudication was set aside and your case was closed.

Back to top

How long does it take for the records to be updated?

The court updates the court records within 48 hours and the Arizona Department of Public Safety has up to 30 days to update their records. However, the Department of Public Safety typically updates their records before the 30 days expire.

Back to top

Can I set aside the record if I was convicted?

No. In order to have a juvenile adjudication set aside, you must have been adjudicated delinquent or incorrigible by the juvenile court.

Back to top

Will setting aside clean up my DMV record?

Setting aside does not affect your DMV records.

Back to top

Can I visit Canada after this?

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 is 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 the same information the United States has on record. 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 this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Back to top

Can I get a Sentri pass?

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; so it would be wise to invest in record clearing before applying for a pass. A modest investment in cleaning up your record could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Back to top

Can I vote after this?

Upon completion of your sentence for your first felony, your civil rights are automatically restored. If it 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. Civil rights restoration is included in the setting aside service.

Back to top

Will it help with immigration?

The case can still be viewed and considered when determining your immigration; however, it will appear better and may increase your chances during the immigration proceedings.

Back to top

Can I clear my federal conviction?

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.

Back to top

Will this restore my right to own a firearm?

A.R.S. § 13-912-01 says you may apply for restoration of civil rights and right to carry a gun or firearm if one of the following apply: 1) adjudicated delinquent for a misdemeanor and have been released from probation for at least two years or 2) if you have reached the age of 30 and were adjudicated delinquent for a dangerous offense, a serious offense, burglary in the 1st degree, burglary in the 2nd degree, or arson. A.R.S. 13-604 dangerous offenses includes: a felony invoking the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury upon another. A.R.S. 13-604 serious offense includes: first degree and second degree murder, manslaughter, aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous in the 1st degree, kidnapping or sexual conduct with a minor under 15 years of age.

Firearm rights must be applied for separately from setting aside the juvenile adjudication.

Back to top