Expunging or sealing records

questions & answers

Question: I was arrested about 7 months ago on a DV charge. The case was completely dismissed and I never got charged, yet the arrest is showing on my record. I'm going into the medical field, and I'm worried about not getting my license or a job. What do I need to do to get the cleared up or whatnot?

Answer: Unfortunately, arrest records are part of public record and it will always be there...BUT you can request the Superior Court note on your record you were cleared of all charges.

Here is Arizona Revised Statute 13-4051...regarding this

ARS 13-4051. Entry on records; stipulation; court order

A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry on all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.

B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of or provide access to such records to any person except on order of the court.

C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure.

QUESTIONS

  • I was arrested about 7 months ago on a DV charge. The case was completely dismissed and I never got charged, yet the arrest is showing on my record. I'm going into the medical field, and I'm worried about not getting my license or a job. What do I need to do to get the cleared up or whatnot?

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