Can my criminal record be expunged in Scottsdale, AZ?

by Aaron Black • October 05, 2017
Expunging a crime in Scottsdale, ArizonaThere is no such thing as Expungement  in Arizona. The only mechanism that we have in Arizona to clean your record is a Motion to  Set Aside Judgment. In Scottsdale, Arizona if you have been convicted of a crime you are entitled to petition to have the conviction Set Aside. There are a few crimes where this cannot be done. To petition for a Set Aside, you must have served the required probation or sentence as required, paid your fines, and completed all other court ordered sanctions. I recommend that you contact a criminal defense attorney if you are considering having a Motion to Set Aside filed in your case.

Please understand that certain crimes that cannot be Set Aside regardless of the circumstances. Also, even if your Set side is granted, it does not clean your record. It erase the offense on your record. You must always admit the conviction. However, you can state the conviction was dismissed and set aside.

Crimes that cannot be Set Aside in Arizona

  • Crimes that involved a minor (under 15 years of age) such as an Aggravated DUI which is a class 6 felony
  • Use of a deadly weapon
  • Sex crime convictions
  • Crimes that resulted in serious physical injury
  • A driving violation that was committed while driving on a suspended license
All other crimes have the ability to be Set Aside as long as sentencing and probation have been met.

A set aside on your record provides a better chance to have your right to vote restored if it was revoked, getting a job will be easier and the ability to get a license to carry a firearm restored.

Misdemeanor Set Aside

Misdemeanors are lesser crimes than a felony, and again you are eligible as long as all of the requirements of the conviction have been met. Despite having your motion to Set Aside granted, you must still admit that you have been convicted of a crime when asked. However, you will be able to say the conviction was dismissed and set aside. The conviction will still show on your record to law enforcement.

DUI Set Aside

DUI’s in Scottsdale is considered a severe crime. Although Arizona does not  offer expungement, you may be able to get your DUI conviction Set Aside as long as you have satisfied the conditions of the sentence. You will need to petition the court to have the DUI Set Aside. If approved, you must still admit the conviction, but you can say it has been dismissed and set aside. A Set Aside of a DUI conviction is extremely important if you travel to Canada. Canada views DUI as a felony and they will deny your entry if a conviction is on your record. Despite the Set Aside NOT erasing the conviction, it dismisses the conviction and sets it aside. This helps clear the way to allow you back into Canada.

Setting aside a Felony in Scottsdale, AZ

Due to the seriousness of a felony conviction, it may be harder to have your conviction set aside. As in all other Set Aside motions you will have to have met all of the requirements of your sentence before you can petition for the Set Aside of the crime.

If you are thinking of petitioning for a Set Aside in Scottsdale, AZ contact Criminal Defense Attorney Aaron Black or call 480-729-1683 for a free consultation. The laws in Arizona are constantly changing, and I would be happy to provide counsel based on the crime that you were committed of and the probability of a Set Aside.

In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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