This page was designed to help our clients better understand our Arizona juvenile set aside service and record sealing service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take our free online eligibility test.
Simply click on a question to see its answer:
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.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the petition, (3) the court does not believe the set aside will be in the interest of justice, (4) probation was violated, or (5) fines were not fully paid.
Juvenile cases are not deemed convictions. Instead, in juvenile court you are adjudicated. Therefore, if your case is an adult conviction and you were not adjudicated in juvenile court, then you cannot have the records destroyed. (ARS 8-349)
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.
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.
Typically, most cases take about four to five months.
Our estimate is based on how long the average juvenile record sealing case takes in Arizona; however, each case is different. Factors affecting the length of the process include: the circumstances surrounding the case, whether the District Attorney is agreeing or objecting, and the amount of time that has passed since the incident. We work on your case as fast as we can and assist the court and District Attorney 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 a letter to your employer or potential employer to let them know we have reopened the case and are in the process of having it sealed. If you have the court records or are willing to personally go to the court and obtain the records, then that will speed up the process by a few weeks to a month.
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 the case and determine if there is a basis for an appeal.
You will receive a court order that orders the destruction of your juvenile court and Department of Juvenile Corrections records. Criminal record databases will be updated to show that the offense never occurred.
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.
After you complete your sentence for a juvenile offense, the court does not automatically set aside the case. You have to petition the court to set aside the case; however, once your record is set aside, you are no longer considered convicted or adjudicated delinquent of the crime. (ARS 8-348)
What appears on a background check depends on the type of background check that is done. If the employer does a standard commercial background check (which typically only looks for actual convictions), chances are the case will not appear. If the employer requires you to submit fingerprints and provide a copy of your AZ Department of Public Safety report, the report will show that there was a case, but that the case was set aside and there is no conviction or finding of guilt.
The case can still be used for sentencing purposes in later adult criminal prosecutions. (ARS 8-207)
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. (ARS 8-348(B))
You can truthfully say you were not convicted if questioned by any potential employer. Even though the case may be viewed on extensive background checks, the record of your case will appear as a dismissed case and not a conviction, which will certainly increase your chances of employment. (ARS 8-348(B))
An adjudication that involved a sex offense is not eligible for a juvenile set aside. (A.R.S. § 8-348(D)(3)).
Setting aside does not affect your DMV records. (ARS 8-348(D)(5))
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 a set aside is that it will show the Canadian government that the matter was resolved and is no longer considered a conviction. 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 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.
A juvenile conviction by the juvenile court does not remove most civil rights. The juvenile does lose the right to possess a firearm but does not lose the right to vote. (ARS 13-912.01)
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,contacting a qualified immigration attorney is imperative. Our in-house immigration attorney is available to answer questions at 714-617-8395.
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.
The court does not automatically seal the records after you complete your sentence for a juvenile offense. You have to petition the court to destroy the records; however, once your record is destroyed, it is as though the charge and case never existed.
No. Once the court grants the order, they must destroy the juvenile court and department of juvenile correction records. (ARS 8-349)
No. (ARS 8-349)
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 of a crime. (ARS 8-349)
You can truthfully say you were not convicted to any question for employment and your case will not appear on the background check. (ARS 8-349)
Most offenses that require sex offender registration are serious felonies and are not eligible for juvenile record sealing until you reach the age of 25. (A.R.S. §§ 8-349(B), 13-501(A-B), 13-3821(A)(1-21)). If you were adjudicated delinquent as a juvenile for a registrable sex offense, your duty to register only extends until you reach the age of 25. (A.R.S. § 13-3821(D),(F)). So in most cases your duty to register will end before you become eligible to apply for a juvenile record sealing.
In the event you are required to register for a sex offense that was not a serious felony excluded under A.R.S. §§ 8-349(B), having your juvenile record sealed before you turn 25 will still not relieve of your duty to register. (A.R.S. § 13-3821(D),(F)). Also, the court would likely find that sealing the records is not in the interests of justice because of the registration requirement. (A.R.S. §§ 8-349(E)(6)). However, the court has the authority to terminate your duty to register on successful completion of probation or at any time during probation before your 22nd birthday. (A.R.S. §§ 13-923, 13-3821(G)).
Destroying your records will not affect your DMV record. (ARS 8-349(B))
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 a sealing is that it will show the Canadian government that the matter was resolved and is deemed to have not occurred. 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; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.
A juvenile adjudication does not remove most civil rights. The juvenile does lose the right to possess a firearm but does not lose the right to vote. (ARS 13-912.01)
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.
Arizona law allows a person to apply for restoration of the 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,or
2) if you have reached the age of 30 and were adjudicated delinquent for a dangerous offense as outlined under A.R.S. 13-604 (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) or a serious offense under A.R.S. 13-604 (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) or
3) burglary in the 2nd degree or arson, or if it has been two years since you were discharged from probation after being adjudicated delinquent for any other felony offense.
Firearm rights must be applied for separately, in addition to the juvenile record sealing.
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)
(http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=2.0&SP=AZR-1000&Action=Welcome)
Section 19 of the Federal Deposit Insurance Act (FDIA) allows banks and other financial institutions to bar prospective and current employees who have had “Breach of Trust” or "Dishonesty" convictions from jobs that they are otherwise qualified for even if they had the conviction expunged.
"Dishonesty" means directly or indirectly to cheat or defraud; to cheat or defraud for monetary gain or its equivalent; or wrongfully to take property belonging to another in violation of any criminal statute. Dishonesty includes acts involving want of integrity, lack of probity, or a disposition to distort, cheat, or act deceitfully or fraudulently, and may include crimes which federal, state or local laws define as dishonest. "Breach of trust" means a wrongful act, use, misappropriation or omission with respect to any property or fund which has been committed to a person in a fiduciary or official capacity, or the misuse of one's official or fiduciary position to engage in a wrongful act, use, misappropriation or omission.
Whether a crime involves dishonesty or breach of trust will be determined from the statutory elements of the crime itself. All convictions for offenses concerning the illegal manufacture, sale, distribution of or trafficking in controlled substances are included. Other offenses can include but is not limited to the following: petty theft, grand theft, insufficient checks, burglary, possession of drugs for distribution or sales, embezzlement, fraud, fraud to obtain aid or benefits and money laundering.
If you believe you have a “breach of trust” or "dishonesty" conviction and were denied a position or were terminated from a financial institution because of that offense, there still is another way to obtain that job with a waiver from the Federal Deposit Insurance Corporation (FDIC). 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.
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 sealed or expunged. There is a risk of being discharged from the military if you don’t tell them about the case, and they later find out about it. It is always advisable to disclose that you had a conviction, but that your case was taken before a judge and deemed in the interest of justice to expunge/seal the record from public view.
In Arizona, once your juvenile records have been set aside, you are released from all penalties and disabilities as a result of the adjudication. However, a sealing does not relieve you from the penalties and disabilities. Thus, if you are interested in becoming a police officer, it would be best to apply for a set aside and a sealing to increase your chances.
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 offense never occurred.
The court updates their records within 48 hours, and the Arizona Department of Public Safety typically updates their records within 30 days.