Domestic Violence

questions & answers

Question: In 2005, my wife at the time called the police said I threatened her. County sheriffs arrested me. She admitted it was a lie. Now almost ten years later I'm in another state, put in for a concealed weapons license and it showed up and I was denied. Was told I could try again in a year. My question, even though not charged can this be removed easy? Note back then I even had a ccw in az.

Answer: To restore these rights, a person would file a request with the Superior Court in the county where the conviction occurred. For a federal conviction, a person would submit an application to the Superior Court in the county where that person lives. Instructions for setting aside a conviction, restoring civil rights, and restoring gun rights can be found at the following websites:

•Coconino County: http://www.coconino.az.gov/lawlibrary.aspx?id=19434


•Maricopa County: http://www.clerkofcourt.maricopa.gov/faxondemand/300.pdf


If the county in which the person was convicted does not have these forms online, contact the Clerk’s Office in the county where the conviction occurred to see which forms could be used. Contact information for County Superior Court Clerks can be found at http://www.clerkofcourt.maricopa.gov/CNTYCLKSLSTMASTER2.pdf or at http://www.azsos.gov/business_services/notary/AZClerks.htm .

Remember that the instructions and the legal forms may use the “set-aside” language used in the statutes or it may use the words “vacate the judgment of guilt.” The words in the statute, “set aside judgment,” have the same meaning as the words used in the instructions and on the form “vacate judgment of guilt and dismiss charges”.

What happens after a person submits the application to set aside a conviction, to restore civil rights and to restore gun rights?

The Court will review the application and may grant the request, deny the request, set a hearing or set orders the Court believes is appropriate in the person’s case. For questions about the hearing, call the Court that set the hearing or contact an attorney.

Comments:

QUESTIONS

  • In 2005, my wife at the time called the police said I threatened her. County sheriffs arrested me. She admitted it was a lie. Now almost ten years later I'm in another state, put in for a concealed weapons license and it showed up and I was denied. Was told I could try again in a year. My question, even though not charged can this be removed easy? Note back then I even had a ccw in az.

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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