questions & answers

Question: When I was 19 years of age I was pulled over by law enforcement at the end of 2008 it took me 2 years to pay the fine I had a unloaded pistol in my car when asked I was scared so replied no weapons this was my first offense the felony was dropped to a misdemeanor ? How can I have the charge dismissed from my record and my rights with the charge or what can I do to better my case upon applying for a job its been really hard for me jobs see this and turn me away its terrible for my family income what can I do. Thanks

Answer: In Arizona, unfortunately, you records cannot be expunged. Arizona allows for you to have your criminal record "set aside."

Here is the Arizona Revised Statute (ARS) regarding setting aside a judgement.

ARS 13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions

A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

B. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.

C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

2. The game and fish commission pursuant to section 17-314 or 17-340.

D. This section does not apply to a person who was convicted of a criminal offense:

1. Involving a dangerous offense.

2. For which the person is required or ordered by the court to register pursuant to section 13-3821.

3. For which there has been a finding of sexual motivation pursuant to section 13-118.

4. In which the victim is a minor under fifteen years of age.

5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

If you feel you are a candidate for this, you may want to speak with an attorney. They would be able to help you navigate this process.