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Can you have your records removed from public viewing, if your charge was dismissed and vacated "In the Interest of Justice"?

Tempe, AZ |

The Police arrested the "wrong" person" and arrested me instead. My case was "Dismissed in the pre-trial hearing and It was vacated of any further hearings..Saying "in the Interest of Justice" this case is "Dismissed". I have never had any kind of an arrest record, and I would like my records cleared from any public viewing. I requested that all records such as Police Records, and Court Records relating to this arrest be cleared by "Court Order".Having them "Set Aside", so they would no be seen on any public access..Internet..etc. I filed the form the clerk at the Justice Court told me to fill out and I said exactly what is said above. The Motion came back denied, according the the State because in their words"this action is not possible"?Why can I not have my records removed publicl

The arrest was over two years ago. and the charge was a misdemeanor-DV and I was accused, when I was the one who called the Police because I am a victim of a DV relationship as I was again a victim of DV in this case. Can't the arrest record by sealed or "set aside" from public viewing? This seem very unfair to me that the State would deny such a request in my case?

Attorney Answers 2

Posted

Having your matter set aside is different than having your arrest record cleared. Because you have no conviction on your record, there is nothing to set aside. This is probably why your motion was denied.
You can however, request that your arrest record be cleared pursuant to A.R.S. §13-4051. Under this statute, any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.
If you would like assistance in filing this motion with the court please feel free to contact me. Good luck.

Nothing in this web post constitutes legal advice. If you have a legal question please see my main site at <a href="www.dmcantor.com">Phoenix DUI and Criminal Lawyer David M Cantor</a> or call 602-307-0808.

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Asker

Posted

I did reference A.R.S. State Statute 13-4051 in Motion Form, at the top of form and checking the box marked "other"?

Posted

My colleague provides an accurate, detailed answer to your question. You should give it a try however understand that these requests are rarely granted. But you've got little to lose and much to gain.

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Posted

Does this request (A.R.S 13-4051) need to be filed in Superior Court? The original case was in a Justice Court? Also is there a statute of limitations on how soon you need to file a request for having entry on your records cleared?

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