Setting Aside a Judgment of Guilt
Arizona has no legal process to expunge a criminal record. However, the State Legislature has enacted A.R.S. 13-907 which allows a person to apply for a court order setting aside a judgment of guilt. The majority of people convicted in Arizona have this option available to them.
Do I Qualifiy to Have My Judgment Set Aside?Any person who is convicted of a crime in the State of Arizona may request that their judgement be set aside (Felony or Misdemanor). However, there are certain types of crimes that cannot be set aside, these include: crimes invloving dangerous offenses, crimes involving sexual conduct, sexual abuse, sexual assault, sex trafficking, unlawful improsnemnt of a minor, kidnanpping of a minor when the person convicted was not a parent, unlawful age misrepresentation, if the conviction involved a finding of sexual motivation, a crime invovling a minor under the age of 15, driving on a suspedned license, vioaltions of local ordinances regarding vehicle stopping, standing and opperations, and convcitions listed under A.R.S 28 chapter 3 (traffic and vehicle regulations). If you believe your conviction falls under these restricted catagories contact an attorney who can help you make a determination as to whether or not you qualify. One must also have succesfully completed any term of probation issued by the court, and fulfilled all other conditions imposed by the sentecne (i.e. fines must be paid completely and restution payments must completed).
How do I Request My Judgement Be Set Aside?A motion must be filed in the same court that entered the convciton. The motion must contian information stating what conviction you are requesting be set aside, the statute number (i.e. ARS 28-1381), the case number, the date of conviction, the date of succesful completion of probation and all terms of the sentence, any other infrmation you believe would be helful in convicning the Judge that you should have your conviciton set aside (i.e. no further charges in any jursidcition, no police contact, first and only offense etc...).
Where Do I File?Once the motion is complete make a copy for your records. File the original motion with the clerk of the court, ask that your copy be stamped with the date and time of the filing.