questions & answers

Question: In 2008 I was convicted of a undesignated class 6 in AZ that was supposed to be reduced to a misdemeanor after I completed probation which I did (got early release) and paid all my fines. It shows up as a felony on background checks . Can I get this expunged/set aside? or even changed to a misdemeanor like it was supposed to be ?

Answer: While Arizona does not offer expungement or record sealing except in very specific and rare cases, Arizona does offer its own version of relief called setting aside a conviction. The applicable statute in Arizona is A.R.S. § 13-907, which states that “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 . . . to have the judgement of guilt set-aside." Essentially, a conviction that is set-aside is treated as if it has been revoked or cancelled. In order to have a conviction set-aside, you must first fulfill the requirements of your conviction (i.e. complete all community service hours or pay any fines). Upon fulfilling the terms of the conviction, you will need to petition the court to set the conviction aside. The court will then review the petition and either approve or deny it. A link with the forms to be completed and filed with the court can be found here: http://clerkofcourt.maricopa.gov/eformsondemand/300.pdf