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A set aside on your record provides a better chance to have your right to vote restored if it was revoked, getting a job will be easier and the ability to get a license to carry a firearm restored.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


About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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