Arizona Probation Termination Frequently Asked Questions

What will show up on my background check?

Your probation will show that it was terminated and you are not serving your sentence. However, your case will still show as a conviction unless you have your case set aside.

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

Having your probation terminated early will increase your chances of being hired because you can truthfully state you are not serving a sentence or are on probation. However, to further increase your chances you should also have your conviction set aside so you can truthfully state you are not convicted.

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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 we have petitioned the court to terminate your probation early.

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How long does the process take?

Typically, the process takes about three to four 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.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it 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 the probation terminated.

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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.

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Does it matter if I pled guilt or no contest?

No, it does not matter.

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Does it matter if I am on formal or informal probation?

No.

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Does probation termination have a money back guarantee?

We are unable to offer a money back guarantee and also provide such low prices for our services at the same time, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.

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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.

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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 and we apply that to the total cost of any service you hire us to perform.

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What are my chances of success?

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 the better your chances of success are. If you would like us to evaluate your case and give you the chances of success then we can do so for a fee and it will be applied to the probation termination fee if you sign up.

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What factors does the court consider?

The court considers 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.

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What is the main reason that it 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, or (5) not paying fines.

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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.

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How does the attorney know 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 argue before a judge that you deserve to have your probation terminated. Although some of the questions seem simple, if you provide more information and detail in your answers then we are better able to argue the case in your favor.

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What if I am on lifetime probation?

We recommend that you complete at least 7 years before petitioning the court.

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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. It may be best to wait until probation is naturally terminated or wait longer to refile.

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What happens after my probation is terminated?

You will receive a court order terminating your probation and closing your case. Then you may be eligible for setting aside.

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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 probation was terminated and case closed.

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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.

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Can I set aside the conviction if I am granted probation termination?

One of the requirements for setting aside is that your probation is completed. If your probation is terminated early then this requirement is met. Please take our free eligibility test to determine if you are eligible to set aside your conviction so you are no longer convicted.

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Can I file for setting aside at the same time as filing for probation termination?

Yes. We can file for them at the same time and can offer a discount on the setting aside if you sign up for the two services together.

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Does my probation have to be terminated if I want to set aside a different case?

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.

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Will probation termination relieve me of the requirement to register as a sex offender?

Probation termination will not terminate the requirement to register.

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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 prohibited from entrance 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 whatever information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible, through probation termination and setting aside, 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.

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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 record clearing could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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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.

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Will it help with immigration?

Probation termination will allow you to further clear your record more quickly. Records of a past conviction can still be viewed and considered when determining your immigration; however, record clearing will increase your chances during the immigration proceedings.

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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.

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.

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Will this restore my right to own a firearm?

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.

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