Cleaning Up Your Record

Having a criminal conviction on your record can pose many problems, including difficulty in finding employment, renting an apartment, obtaining a professional license, attending school functions, purchasing a firearm, and more.  To avoid these and other problems, it is wise to take every possible step to clean up your criminal history.  If you have worked hard to stay out of trouble, old convictions should not be holding you back and making living the good life more difficult.  Additionally, prior convictions can enhance penalties for future crimes, and taking steps to clean up your record could potentially help in any future dealings with the law.  If you have prior convictions and have questions about what can be done to help you clean up your record, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

Arizona does not have a true "expungement" process, where a criminal conviction can be removed from your record, but that does not mean that there are not ways to lessen the harmful impact a prior conviction has in the present day.

SET ASIDE A CONVICTION
Under Arizona law, most people who have finished out their sentence (including any term of probation) are eligible to have a conviction set aside.  The exceptions are:

1. a dangerous offense,
2. offenses requiring sex offender registry,
3. an offense for which there has been a finding of sexual motivation,
4. a felony offense in which the victim is under 15 years of age, and
5. driving on a suspended license and certain municipal traffic violations. 

In determining whether to set aside a conviction, the court considers the following factors:

1. The nature and circumstances of the offense that the conviction is based on.
2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable.
3. Any prior or subsequent convictions.
4. The victim's input and the status of victim restitution, if any.
5. The length of time that has elapsed since the completion of the applicant's sentence.
6. The applicant's age at the time of the conviction.
7. Any other factor that is relevant to the application.

It is important to note that a set aside simply adds an annotation that a conviction has been set aside, but does not remove or redact anything from your record.  A conviction which has been set aside can still be used as a prior conviction in subsequent criminal cases, and may be used by the Department of Public Safety to deny a fingerprint clearance.

RECORD SEALING/CLEARANCE
A person who is wrongfully arrested, charged, or indicted may petition the superior court for a clearance.  After a hearing, the judge will have to determine whether entering a clearance is in the interests of justice.  If the court finds that the interests of justice are served by doing so, they will enter a clearance on all court records, and serve a copy of the order on all law enforcement agencies and courts, restricting them from sharing those records without a court order.

RESTORATION OF FIREARM RIGHTS
One of the most popular reasons people in Arizona seek to clean up their record is to be able to purchase firearms.  Arizona generally has some of the harshest criminal laws in the nation, but is relatively lenient in regards to firearms.  For most felony convictions, a person can file for the restoration of their right to possess or carry a firearm two years after their absolute discharge.  A person convicted of a serious offense (or an out of state offense that would be a serious offense if it occurred in Arizona) may not apply for firearm restoration until 10 years after their absolute discharge.  Those convicted of dangerous offenses may not restore their rights to carry or possess a firearm, ever.  Whether to restore firearm rights is in the judge's discretion.

RESTORATION OF CIVIL RIGHTS
Restoration of civil rights, other than firearm rights, is automatic for first time offenders.  Others may apply with the court to have civil rights restored, and may be subject to a contested hearing, at which any victim may be heard.

WITHDRAW A PLEA
Federal law recognizes a conviction at the time of plea, so a set aside of a conviction does not remove a conviction for federal law purposes, most notably immigration.  Many non-citizens have plead guilty to charges that result in negative immigration consequences, including deportation/removal, denial of naturalization, denial of entry, and more.  For non-citizen defendants who plead guilty to such charges, a set aside will not be helpful.  Upon a showing that a defendant was not properly advised of the immigration consequences of a plea, a person may withdraw their plea.  If a plea is permitted to be withdrawn, there is no conviction for any purposes.  This does not mean, however, that the case is expunged or dismissed; instead, the case resumes as if the guilty plea had not been entered, an becomes an open criminal case again.  This affords the defendant an opportunity to fight the case or to seek a plea deal that does not carry the same negative immigration consequences.

VACATING CONVICTION OF A SEX TRAFFICKING VICTIM
A person who was previously convicted of prostitution (whether under the state statute, or a local ordinance), can apply to have the conviction vacated.  The court must find, by clear and convincing evidence, that the person's participation in the offense was a direct result of being a victim of sex trafficking.  It is not necessary that anyone be convicted of sex trafficking.  In most cases, a person who has had their conviction vacated may state that they have never been arrested or convicted on an employment, housing, financial aid or loan application.  This relief applies to convictions which occurred prior to 2014, as the law changed not to allow for a conviction of victims of sex trafficking.
More about prostitution cases

If you or a loved one has a less-than-spotless criminal history, there may be ways to clean up your record and not let your past continue to haunt you at every turn.  Although prior convictions cannot be completely removed from your record, it may be possible to avoid having to disclose it, and avoid potential employers, landlords, etc. know.  In some cases, more complex relief may be available to help you reach your goals.

---

Pima County Superior Court
Pima County Justice Court
Tucson City Court

AZ Dept Public Safety Record Review Packet
AZ Set Aside Statute (ARS 13-905)
AZ Restore Firearm Rights Statute (ARS 13-910)