questions & answers

Question: In 2004. I was convicted of attempted armed robbery (I had a toy gun).I even ran from the check cashing place after I held up my toy gun. The manager took my license #. I have complied to 3 years probation and this conviction makes me out to be a dishonorable person for employment. Am I still eligible for espungement?

Answer: Arizona does not have an “expungement” statute.  Instead, Arizona permits certain criminal convictions to be set aside under A.R.S. 13-907.  http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00907.htm&Title=13&DocType=ARS  A person becomes eligible for a set aside if he or she has fulfilled the conditions of his or her probation or sentence, or is discharged by the court.  There are, however, certain offenses which do not qualify for a set aside.  A set aside is not available for a person who has been convicted of one of the following:
1. A dangerous offense
2. An offense that requires registration, such as sexual abuse or sex with a minor
3. An offense for which a sexual motivation was proven
4. An offense in which the victim was under the age of fifteen
5. And certain other offenses.
A “dangerous offense” is defined by statute as “an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.”  A.R.S. 13-105.  http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00105.htm&Title=13&DocType=ARS  Armed robbery is a robbery where one of the robbers is armed with, uses, or threatens to use a “deadly weapon or a simulated deadly weapon.”  A.R.S. 13-1904 http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/01904.htm&Title=13&DocType=ARS  Because an armed robbery involves deadly weapons or simulated deadly weapons, it could be considered a dangerous offense and disqualify a person from having a conviction set aside.  However, it is important to remember that no individual’s circumstances are the same.  Every conviction requires individual treatment and consideration.  For detailed assessment of any particular conviction, a licensed attorney would have to be consulted.