questions & answers

Question: I was convicted of I believe class 6 and another felony in 2006 for theft. I was put on probation and was extended for payment was released from probation October 2014. Can get these expunged or what re my options? Also an I now get a passport? I just yesterday had to do a credit and criminal and he property managementsaid felony was not on background check why?

Answer: Arizona does not presently have an ‘expungement’ statute.  The laws about setting aside a conviction are presently found in A.R.S. §§ 13-904 – 912 . A.R.S. § 13-907  permits a person convicted of a felony to request a "set aside" of a felony conviction under certain circumstances. The statutes use the term “set aside the judgment.” An application to have your conviction set aside may use the language “vacate judgment and dismiss charges.” In this situation, “setting aside a conviction,” means the same thing as “vacating judgment and dismissing the charges.”

The law does not require that a conviction be removed from a person’s criminal record. It is required that the record show that the conviction has been set aside. When a conviction is expunged or set aside in Arizona, a records check will probably show the original charge and conviction. However, it should also show that the judgment was vacated and that an order of dismissal was entered.

To restore these rights, a person would file a request with the Superior Court in the county where the conviction occurred. For a federal conviction, a person would submit an application to the Superior Court in the county where that person lives. Instructions for setting aside a conviction, restoring civil rights, and restoring gun rights can be found at the following websites:

•Coconino County: http://coconino.az.gov/index.aspx?NID=869


•Maricopa County: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/CriminalCases/index.asp


If the county in which the person was convicted does not have these forms online, contact the Clerk’s Office in the county where the conviction occurred to see which forms could be used. Contact information for County Superior Court Clerks can be found at http://www.clerkofcourt.maricopa.gov/CNTYCLKSLSTMASTER2.pdf

Remember that the instructions and the legal forms may use the “set-aside” language used in the statutes or it may use the words “vacate the judgment of guilt.” The words in the statute, “set aside judgment,” have the same meaning as the words used in the instructions and on the form “vacate judgment of guilt and dismiss charges”.

You may want to contact an attorney to answer your other questions.