questions & answers

Question: I was arrested in 2013 for disorderly conduct per DV and was released the next day. I received a deferred prosecution for 6 months with no fine. The charges are now dismissed. Do I still have wait 5 years to expunge my record to work at a school? I was told by a co-worker who is a Lieutenant of the police department, that any DV charge has to be expunged before being able to work around children.

Answer: In Arizona, expungement has the same meaning as setting aside. Expungement does not wipe out the conviction. The record of conviction is not destroyed. For the protection of the public, a conviction may be used to deny certain kinds of employment, licenses, permits, certificates as well as used against a person in future criminal cases, even though the conviction was set aside or expunged. Arizona law regarding expungement is used interchangeably with "setting aside" your record. Please refer to the set aside statues in A.R.S. 13-904-13-912. Also, expungement may not be available for all those who are seeking expungement. The statute does not mention a time frame of waiting for five years before seeking to petition a court for expungement. There are however, serious offenses that would prevent a person from seeking expungement. Those offenses are listed in ARS 13-907. Disclosure of a prior conviction can be requested by an employer and must be disclosed. For more information or advice from a licensed attorney please call the lawyer referral service at 602- 257-4434.