Expungement is the process of clearing a criminal record you may have. Both felony and misdemeanor r convictions can be cleared through expungement. The Federal Government allows people to apply to have their records cleared, or expunged after an amount of time has passed. Regardless of the Federal law, each state has their own laws on getting a record expunged.
In Arizona, expungement is known as setting aside a judgment. In Arizona, anyone who is convicted of a crime is entitled to put through a petition to have the conviction set aside or expunged. The convicted person must first complete their sentence or complete any probation that is required. By getting your record expunged, a person has a much better chance at receiving a job, a license to carry a fire arm, the right to vote if it was revoked, and their record will carry with it a note that states the charge or charges were dismissed.
Arizona expungement requirements
In order to get your record expunged in Arizona, there are certain requirements you must meet. Certain crimes can not be expunged under any circumstances. These crimes are: crimes of serious physical injury, using a deadly weapon, sexual crimes, crimes involving minors (under 15 years old), and a driving violation where the license was already suspended. All other crimes have the ability of being expunged. As long as the convicted has met the probation or sentencing, the expungement process can proceed.
DUI Expungement in Arizona
Driving under the influence, known as DUI, is an extremely serious offense. Since Arizona does not technically offer expungement on records, you may be able to set aside your DUI so it no longer appears on your record. As long as all the conditions were met as well as probation, you may petition to have your record set aside. Once your expungement is approved, it will be cleared from your record as if it never happened.
Felony expungement in Arizona
In order to get a felony expunged in Arizona, you will need to meet the same requirements as with any other conviction. You will have to have met the requirements of your sentencing and probation as well as put through a petition to have your record expunged, or set aside. A felony is an extremely serious crime so may be more difficult to have expunged than a DUI or even a misdemeanor.
Misdemeanor expungement in Arizona
A misdemeanor is considered a lesser crime than a felony and normally not punished as severely. Misdemeanors are eligible to be expunged as long as all requirements are met, as with most other convictions. If your petition to have the misdemeanor expunged is approved, a note will appear on your record stating it has been set aside. With this, you can now tell prospective employers you have not been convicted of any crimes. While the conviction will still show on your record to law enforcement officials, employers will not be able to see the conviction. See also:
Arizona Felony External link (opens in new window)
Arizona Misdemeanor External link (opens in new window)
Arizona Gun Laws External link (opens in new window)