Expungement
Expungement refers to the process of destroying, erasing, or sealing arrest or conviction records. Most states allow adults and juveniles to “expunge,” “seal,” or otherwise hide or destroy court records of convictions for specified criminal offenses. Though the details vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to most potential employers or landlords. For instance, suppose you were convicted of assault and later got the record sealed, and that you had no subsequent brushes with the criminal law system. When applying for an apartment, you can legitimately check the “None” box when asked to list your criminal convictions.
Arizona’s equivalent to Expungement is referred to as “setting aside.” Arizona’s setting aside judgment law was designed to help people previously convicted of crimes become more productive and put their pasts behind them. Once your judgment is set aside, you might be able to answer on an application for employment without having to admit that you have been convicted of a crime. If you have been convicted of a felony in Phoenix you could also have your civil rights restored under Arizona law. You can also apply to have your gun rights restored in most felony cases in state and federal court.
Nearly all types of criminal offenses can be expunged, including felonies, misdemeanors, and juvenile crimes. When you’ve completed the sentence for your offense, you’ll be notified that you have the right to apply to have your judgment set aside.
There are only a few types of offenses that cannot be set aside, and those include crimes involving:
- Dangerous offenses (causing intentional physical injury)
- Victims under the age of 15
- Offenses done with sexual motivation
- Driving a vehicle with a suspended license
If your conviction doesn’t fall into one of these categories, you have the right to have your judgment set aside. A lawyer isn’t necessary to apply to have your judgment set aside. Because it is such a detailed and paperwork-intensive process, however, it is highly recommended that you seek legal help before submitting your application.
If your documentation doesn’t meet the requirements of the court, your request may be denied and your conviction will stay on your record. By hiring a lawyer, you’ll be able to build a stronger case and have a better chance at getting your application approved.
Hiring an Experienced Criminal Attorney
Hiring a experienced and locally based criminal attorney is an important step in the criminal process. A Phoenix criminal lawyer should be hired within the week following an arrest. A skilled criminal attorney should have specialized knowledge and access to the resources necessary to competently defend you and successfully fight your criminal charges.
The criminal defense attorneys at Phoenix Criminal Lawyer are dedicated to providing the highest-quality defense available to our clients. It all starts with your free case review, where you can get a better idea of the legal road ahead. Contact us today to schedule your complimentary and private consultation with our superior criminal lawyers.