Answers to Common Questions About Expungement in Arizona

Do you have a criminal history? In Arizona, there is a way for qualified individuals to “set aside” a conviction or judgment of guilt. While many people refer to this as an expungement, it’s not exactly the same thing. In Arizona, a “motion to set aside” does not completely erase a conviction as if it never happened. However, it does restore rights you may have lost due to the conviction.

Do I qualify for expungement?

According to the Arizona Revised Statutes 13-907, expungements are not available to individuals who have been convicted of criminal offenses involving: a dangerous offense, an offense that resulted in registration as a sex offender, an offense where there was a finding of sexual motivation, an offense in which the victim was a minor 15 years or younger, or an offense relating to ARS 28-3473.

Does a “set aside” give me my firearm rights back?

According to the Arizona expungement statutes, anyone whose motion to set aside a judgment of guilt can have their right to possess a gun or firearm restored. According to ARS 13-908, the judge who originally handed down the sentence (or his or her successor, should that judge no longer be in office) still has discretion in the area of whether or not a person’s right to bear arms should be restored.

If I expunge my DUI, do I get my driver’s license back?

If you qualify for an expungement and the judge grants your motion, you are released from all penalties resulting from your conviction except for penalties imposed by the game and fish commission and penalties imposed by the Department of Transportation. Expungements do not release a person from mandatory license revocation or suspension.

How does a criminal record affect my employment?

When applying for a job, employers typically run background checks and/or ask on the application whether you have ever been convicted of a criminal offense. If you have a criminal conviction on your record, this could impede your ability to gain employment.

Do I need an attorney to handle my motion to set aside?

We strongly recommend retaining an attorney to help you with your motion to set aside or “expungement.” While it is not required by law, it can make a substantial difference in the outcome of your case. If you would like to receive a free case review from a Phoenix expungement attorney, contact MayesTelles PLLC today and learn if you qualify!