Can you Expunge a Domestic Violence Charge in Arizona?
Discussion of Can you Expunge a Domestic Violence Charge in Arizona?
Looking to expunge a domestic violence charge in Arizona? While Arizona does not have a traditional expungement process, it does offer the option of ‘setting aside’ a conviction, which can provide similar benefits. Many domestic violence-related offenses can be set aside under Arizona law, offering individuals the opportunity for a fresh start. Successfully setting aside a conviction can result in the dismissal of the charges and the restoration of your civil rights. However, certain restrictions apply, and not all convictions are eligible for this relief.
To determine if your specific domestic violence charge qualifies and to navigate the process of setting aside a conviction, it is highly recommended to consult with an experienced Arizona criminal defense attorney who can provide personalized guidance and assistance.
A domestic violence charge can have a lasting impact on your life, affecting employment, housing, and other opportunities. In Arizona, the process of expunging or sealing criminal records is known as “setting aside” a conviction. In this blog post, we’ll discuss whether it’s possible to set aside a domestic violence charge in Arizona and the steps you need to take. If you’re considering setting aside a domestic violence charge, consult with an experienced criminal defense attorney in Scottsdale, like Chelle Law, to ensure the best possible outcome. Can you go to jail for verbal abuse in Arizona?
Arizona’s “Set Aside” Law
Arizona’s “set aside” law, Arizona Revised Statutes § 13-907, allows individuals to petition the court to set aside a conviction under certain circumstances. Setting aside a conviction does not erase it from your record but can improve your chances of obtaining employment, housing, and other opportunities. It essentially indicates that you have completed your sentence and are rehabilitated. How long do you go to jail for domestic abuse in AZ?
Eligibility for Setting Aside a Domestic Violence Charge
To be eligible to set aside a domestic violence charge in Arizona, you must meet specific criteria:
- Completion of sentence: You must have completed all the terms of your sentence, including probation, jail or prison time, and payment of fines and restitution.
- Time since the conviction: There is no specific waiting period to apply for a set aside in Arizona, but the court may consider the time elapsed since your conviction and your behavior during that time.
- Nature of the offense: Not all offenses are eligible for set aside in Arizona. Crimes that involved a dangerous weapon, serious physical injury, or sexual offenses are typically not eligible. However, many domestic violence offenses may qualify, depending on the circumstances.
The Process of Setting Aside a Domestic Violence Charge in Arizona
If you’re eligible to set aside a domestic violence charge, the process involves the following steps:
- Consult an attorney: An experienced criminal defense attorney in Scottsdale, like Chelle Law, can help you understand your eligibility and guide you through the process.
- Prepare and file a petition: Your attorney will help you prepare a petition to set aside the conviction, which includes information about the offense, your rehabilitation efforts, and reasons why the set aside should be granted.
- Attend a hearing: The court may schedule a hearing to review your petition and allow the prosecution and any victims to present their arguments. Your attorney can represent you during this hearing and advocate for your interests.
- Receive the court’s decision: If the court grants your petition, the conviction will be set aside, and you’ll receive a court order stating as such. This order can be beneficial when applying for jobs, housing, or other opportunities.
While setting aside a domestic violence charge in Arizona can be a complex process, it’s possible in many cases with the help of an experienced Scottsdale domestic violence defense attorney. If you’re considering this option, contact Chelle Law to discuss your eligibility and the steps involved. To learn more about Arizona’s “set aside” law, visit the Arizona State Legislature website.
What is the longest you can get for domestic violence?
Curious about the maximum sentence for domestic violence convictions? The length of the sentence can vary widely depending on factors such as the severity of the offense, prior convictions, and jurisdiction. Domestic violence cases can range from misdemeanor to felony charges. Misdemeanor domestic violence typically involves the threat of violence or minor physical harm and may result in penalties such as probation, fines, or up to one year in jail. However, felony domestic violence charges, which often involve serious physical harm or the use of a weapon, carry much harsher penalties. These penalties can include lengthy prison sentences, sometimes exceeding 10 years or more, depending on the specific circumstances of the case.
How long does a domestic violence charge stay on your Arizona record?
In Arizona, both misdemeanor and felony domestic violence convictions remain on your record indefinitely. However, Arizona law allows individuals to petition the court to set aside eligible convictions, which can alleviate some consequences of having a criminal record. While setting aside a conviction doesn’t erase it from your record, it does change the status to “set aside,” indicating that the court has granted relief. This can be beneficial when seeking employment or housing, as it shows that you’ve satisfied the requirements of your sentence and have been granted a fresh start by the court. It’s essential to consult with an attorney to determine your eligibility for setting aside a conviction and to navigate the process effectively.
