Expunging or sealing records

questions & answers

Question: How do I get the form 13-907 to ask for my misdemeanor to be set aside?Thanks

Answer:

Arizona Revised Statute § 13-907 is an important reference to ensure that the misdemeanor qualifies to be considered for review. This option does not apply to a person convicted for a crime which involve the infliction of serious physical injury, the use of deadly weapons or dangerous instruments, if the victim is a minor under fifteen years of age, if the person is required to register as a sex offender or if the crime was found to have sexual motivation. The crime also does not qualify if it is in violation of A.R.S. § 28-3473.

You may want to review the article on this site that discusses setting aside convictions. That article states:

• Coconino County: http://www.coconino.az.gov/lawlibrary.aspx?id=4272
• Maricopa County: http://www.clerkofcourt.maricopa.gov/faxondemand/300.pdf

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 or at http://www.azsos.gov/business_services/notary/AZClerks.htm .

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”.