Domestic Violence

questions & answers

Question: I was arrested in 2013 for disorderly conduct per DV and was released the next day. I received a deferred prosecution for 6 months with no fine. The charges are now dismissed. Do I still have wait 5 years to expunge my record to work at a school? I was told by a co-worker who is a Lieutenant of the police department, that any DV charge has to be expunged before being able to work around children.

Answer: In Arizona, expungement has the same meaning as setting aside. Expungement does not wipe out the conviction. The record of conviction is not destroyed. For the protection of the public, a conviction may be used to deny certain kinds of employment, licenses, permits, certificates as well as used against a person in future criminal cases, even though the conviction was set aside or expunged. Arizona law regarding expungement is used interchangeably with "setting aside" your record. Please refer to the set aside statues in A.R.S. 13-904-13-912. Also, expungement may not be available for all those who are seeking expungement. The statute does not mention a time frame of waiting for five years before seeking to petition a court for expungement. There are however, serious offenses that would prevent a person from seeking expungement. Those offenses are listed in ARS 13-907. Disclosure of a prior conviction can be requested by an employer and must be disclosed. For more information or advice from a licensed attorney please call the lawyer referral service at 602- 257-4434.

QUESTIONS

  • I was arrested in 2013 for disorderly conduct per DV and was released the next day. I received a deferred prosecution for 6 months with no fine. The charges are now dismissed. Do I still have wait 5 years to expunge my record to work at a school? I was told by a co-worker who is a Lieutenant of the police department, that any DV charge has to be expunged before being able to work around children.

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS