Phoenix Conviction Removal Lawyer

Setting Aside an Arizona Conviction

Under Arizona law A.R.S. § 13-905, most crimes are available for a set-aside. 

The requirements include:

• Whether your criminal charge qualifies. Many do.
• Whether your sentence is complete; if you have served your time and paid your fines.
• Whether a judge (and potentially any victims involved) feels you have grown from the experience and deserve a clean slate. Many factors can be considered, including the time that has elapsed since the conviction, the age you were at the time of the offense, the circumstances surrounding the event, and your behavior in jail or while on probation.

Eligibility for setting aside a conviction in Arizona varies depending on the type of crime. Most individuals who have fulfilled the terms of their sentence (including completion of probation and payment of fines) can apply. 

However, certain convictions, such as those involving serious physical injury, the use of a deadly weapon, and offenses with sexual motivation, may not qualify. Additionally, crimes against children under 15 are generally excluded from the process.

A conviction that has been set aside does not remove it; it remains a public record. This means it can still be found in public records and background checks but will be noted as set aside. 

Expungement Under Arizona's New Law 

Arizona's new law, A.R.S. § 13-911, introduces the concept of expungement, providing more substantial relief for individuals looking to clear their criminal records. Unlike the previous method, expungement under this law effectively erases the conviction for most purposes, offering a cleaner slate to those who qualify.

Key Features of the New Expungement Law

Expungement in Arizona now offers the following: 

• True erasure of records: The new expungement law allows for the actual deletion of criminal records, allowing individuals to genuinely move past their convictions.
• Eligibility expansion: This law widens the range of convictions eligible for expungement, including certain felonies previously ineligible under the older "set aside" process.
• Enhanced privacy: Once a conviction is expunged, it is removed from public records, ensuring greater privacy and reducing stigmatization for individuals.

Navigating the Expungement Process

The process to apply for expungement under A.R.S. § 13-911 is meticulously outlined. It requires an application to the court with a detailed explanation of why the applicant deserves expungement. The court’s decision considers factors such as the completion of sentences, rehabilitation efforts, and the impact of the expungement on the community.

Ryan Garvey Attorneys, PLC is at the forefront of applying this new law to benefit our clients. Our Phoenix conviction removal attorney is dedicated to guiding you through this improved process, aiming to achieve the clean record you deserve after fulfilling your criminal law obligations. 

For legal help with expungement and conviction removal, contact us by calling (602) 353-7328 or on our contact form to get started.