In this helpful article about Setting-Aside Criminal Records, we will discuss the following topics:
How Can I Benefit From Having My Criminal Records Set Aside?
Carrying around a criminal record can be quite a burden.
Rest assured that we are here to help you navigate the expungement process in Arizona, so you will not have to continue to be weighed down.
Some of the benefits of having your criminal record set aside include:
- Improved employment opportunities: Many employers conduct background checks on job applicants and may not hire individuals with a criminal record. Having your criminal record set aside can improve your chances of finding employment.
- Improved housing opportunities: Landlords may conduct background checks on potential tenants and not rent to individuals with a criminal record. Having your criminal record set aside can improve your chances of finding housing.
- Access to certain benefits: Some benefits, such as financial aid for college, may not be available to individuals with a criminal record. Having your criminal record set aside can make you eligible for these benefits.
- Improved self-esteem and self-worth: Carrying around the burden of a criminal record can weigh heavily on a person’s self-esteem and self-worth. Setting aside a criminal record can help alleviate this burden and allow individuals to move forward with their lives.
What are the Steps to Set Aside My Criminal Record?
Setting aside criminal records can be a long and convoluted process. Rest assured that we are here on your behalf to guide and advise you through this process. Learn more about what each step of this process entails.
Step 1: Determine Eligibility
The first step in setting aside your criminal record in Arizona is determining if you are eligible.
To be eligible, you must have completed all the terms of your sentence, including any probation or parole. You must also not be serving a sentence or on probation or parole for any other crime.
Tip: Our free online eligibility test is a great place to start to determine whether you are eligible.
Certain offenses are not eligible to be set aside:
- Involving the infliction of severe physical injury.
- Concerning the use or exhibition of a deadly weapon or dangerous instrument.
- If you are required to register pursuant to ARS section 13-3821.
- If there was a finding of sexual motivation, pursuant to section 13-118.
- If the victim was a minor that was under fifteen years of age.
- A violation of section 28-3473, any local ordinance relating to stopping, standing, or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance about the same subject matter as section 28-693 (reckless driving).
Please note that the judge does decide if a record can be set aside on a case-by-case basis.
Step 2: Gather the Necessary Documents
After taking our free eligibility test and determining that you are eligible to set aside your criminal record, the next step is gathering the necessary documents.
- A copy of your criminal history from the Arizona Department of Public Safety
- A certificate of completion for any court-ordered classes or treatment programs
- Any other documents that the court may require
Step 3: File a Petition
The next step is to file a petition to set aside your criminal record.
This can be done through the court in which you were convicted or through the Arizona Supreme Court.
The petition will need to include the following:
- A copy of your criminal history
- A certificate of completion for any court-ordered classes or treatment programs
- Any other documents required by the court
Step 4: Attend a Hearing
After filing your petition, you will be required to attend a hearing.
At this hearing, the court will review your petition and determine whether or not to set aside your criminal record. The court will also consider any objections that the prosecution or victims may have filed.
Oftentimes you will not have to personally attend a hearing because we will attend it for you. One of the advantages of having us on your side is that we are totally dedicated to you and your case.
Our dedication and commitment to you will allow you to have the time to enjoy the other parts of life.
Step 5: Wait for a Decision
Waiting for a decision can be very difficult. In the face of uncertainty, know that we are here for you.
Once the hearing has been completed, the court will make a decision on your petition.
If your petition is granted, your criminal record will be set aside!
How Does a Certificate of Second Chance Function?
People who have previously been convicted of certain offenses are now eligible for a Certificate of Second Chance, according to the Arizona House Bill 2067. Along with a conviction being set aside, a Certificate of Second Chance is also given.
If your conviction qualifies, a Certificate of Second Change will be automatically provided along with your set-aside.
If you were convicted of a misdemeanor, a Class 4, 5, or 6 felony, two years must have passed since you completed your case requirements to qualify for a Certificate of Second Chance.
Five years must have passed since you’ve fulfilled the requirements of your sentence if you’ve been found guilty of Class 2 or 3 felony.
Due to your criminal record, a Certificate of Second Chance lifts restrictions on your ability to obtain occupational licenses, employment, and housing (s).
If you had a record set aside before a Certificate of Second Chance became available in August 2021, you might still submit an application. Check your eligibility now by taking our free online test!
Navigating the laws governing expungement in Arizona can be challenging. It is essential to understand who qualifies and what factors determine what records are eligible to be set aside.
If you are interested in getting your criminal record set aside or have questions about a Certificate of Second Chance, it is essential to seek the advice of an experienced record-cleaning attorney. With our experience and expertise, we will be able to help you every step of the way. Contact us by dialing (602) 536-8866
Setting Aside A Criminal Record in Arizona
Setting aside a criminal record in Arizona refers to the process of removing the record from public view.
To be eligible to set aside a criminal record in Arizona, you must have completed your sentence, including any probation or parole, and not have any new criminal charges. Additionally, you must have been convicted of an offense that is eligible for setting aside under Arizona law.
In Arizona, certain types of offenses are able to be set aside. Take our free eligibility test to determine if you are eligible.
To apply to set aside a criminal record, you will need to file a petition with the court where you were convicted. You will also need to pay a filing fee and provide the court with a copy of your criminal record and any other relevant documentation.
The process of setting aside a criminal record can take several months to complete. The court will review your petition and may hold a hearing to determine if you are eligible for setting aside.
Setting aside a criminal record may not affect your immigration status. However, you should consult with an immigration attorney for advice on how your setting aside may impact your immigration status.
Setting aside your criminal record may make it more difficult for employers to find out about your past criminal history. However, it is not a guarantee that it will be impossible for them to find out.
Yes, you can apply to set aside multiple criminal records in Arizona, as long as they are eligible for setting aside under state law.
No, setting aside your criminal record will not restore your firearms rights in Arizona. You will need to petition the court to have your firearms rights restored separately.
Yes, an attorney can help you navigate the process of setting aside a criminal record and ensure that your petition is properly filed and presented to the court. They can also represent you at any hearings and provide guidance on potential legal issues.
Start With Your Free 5-Minute Eligibility Survey
Take our free online eligibility test to find out what choices are available for your specific Arizona case and get started in the right direction to getting your rights back!
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