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Is there a statute of limitations (AZ) , I have a dismissed misdemeanor I want to request my records cleared per ARS 13-4051?

Phoenix, AZ |

Is there any length of time that you are able to request or petition the court for a notation of cleared charges on your records, if you were charged with a misdemeanor and your charge was dismissed in the pre-trial stage.? This is pertaining to ARS 13-4051. Yes I was wrongfully charged.
Also, can the Superior Court over-ride a lower level court's dismissal of a case, when the statute of limitation has run out for that ruling by a lower level court?

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Posted

It sounds like you would benefit from an in person consultation with an attorney.

Matisyahu Wolfberg
www.FormerCop.com
NY Criminal defense Attorney

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

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Posted

These questions should be fully answered by an attorney who has knowledge of the particulars of your situation. If you were wrongfully charged and the charge dismissed, then the statute of limitations should not matter, and you may apply for clearance of the record.
As for your second question, generally, a dismissed charge may be re-charged, depending upon the circumstances for the original dismissal, during the applicable period for the limitations. The intervention of the superior court is not needed. Once the statute of limitations has run and any applicable savings clauses then the government has lost the ability to charge the offense.

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