How to Expunge a Felony in Arizona?
In Arizona, expunging a felony involves a detailed process, aimed at providing qualified individuals with a fresh start by sealing their criminal records. To initiate the expungement process, one must file a petition with the appropriate court where the arrest took place or the case was adjudicated. The prosecutor’s office is then notified, and if no objections are raised within 30 days, the petition is typically granted. Our in-depth guide offers step-by-step instructions on how to successfully navigate the expungement process in Arizona, including eligibility criteria, required documentation, and additional resources available through the Arizona Judicial Branch.
Welcome to Chelle Law Firm’s blog! As a prominent criminal defense law firm in Scottsdale, Arizona, we strive to provide our clients with informative and helpful content on various legal topics. In this post, we will discuss the process of expunging a felony in Arizona and how Chelle Law Firm can help you clear your criminal record.
Expunging a Felony in Arizona
It is essential to note that Arizona does not technically have an “expungement” process. Instead, the state offers a process called “setting aside” a conviction, which is similar to expungement in other states. Setting aside a conviction means the court removes the guilty judgment and dismisses the case, but the record of the arrest and the initial charge remains. For more information about setting aside a conviction in Arizona, refer to ARS § 13-907.
Eligibility for Setting Aside a Felony Conviction
Not all felony convictions are eligible for being set aside in Arizona. Some of the criteria for eligibility include:
- The successful completion of probation or the sentence imposed by the court.
- No pending criminal charges or additional convictions.
- The conviction is not for a dangerous offense, a crime involving a deadly weapon, or a crime involving serious physical injury.
- The offense did not involve a victim under the age of 15.
For a complete list of ineligible offenses, consult the Arizona Revised Statutes.
The Process of Setting Aside a Felony Conviction
To set aside a felony conviction in Arizona, you must follow these steps:
- Obtain a copy of your criminal record and court documents related to the conviction.
- Complete the Application to Set Aside Judgment form.
- File the completed application with the court where the conviction occurred.
- Attend a hearing (if required) to present your case to the judge.
The judge will review your application and consider factors such as the nature of the offense, your compliance with the sentence or probation, and any evidence of rehabilitation. If the judge grants your request, your conviction will be set aside, and your civil rights will be restored.
How Chelle Law Firm Can Help
Navigating the process of setting aside a felony conviction in Arizona can be complex and time-consuming. Chelle Law provides comprehensive criminal defense representation for clients accused of crimes in Scottsdale, ensuring the best possible outcome.
Our legal team will help you prepare and file the necessary documents, represent you in court, and advocate for your case to achieve the best possible outcome. Don’t face the challenges of setting aside a conviction alone. Let Chelle Law Firm’s skilled attorneys assist you every step of the way.
Setting aside a felony conviction in Arizona can be a crucial step toward rebuilding your life and restoring your civil rights. Although the process can be challenging, having a knowledgeable and experienced legal team on your side can make all the difference.