Expunging or sealing records

questions & answers

Question: How does one go about getting their record "set aside?"

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."

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 website:

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.

 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".

 For more information you may want to take a look at the Setting Aside and Expungement Article.

QUESTIONS

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