Can my criminal record be expunged in Scottsdale, AZ?
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
A set aside on your record provides a better chance to have your right to vote restored if it was revoked, getting a job will be easier and the ability to get a license to carry a firearm restored.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 AsideMisdemeanors 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 AsideDUI’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, AZDue 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.