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Question: When my son was arrested somehow he was wrongfully charged. It shows the wrong charges on the Az Court Records Search. I asked our attorney at the time to get the wrong charges removed but as we found out today, he did not do that... What can we do to get this taken care of? Who actually sits at a computer and puts these charges on the records search for any one to see?

Answer: The prosecutor determines whether criminal charges should be filed. 

Please see the following excerpt from the Arizona Department of Public Safety:

“The Criminal History Records Section serves as the Central State Repository for criminal records in the State of Arizona (See Arizona Revised Statute §41-1750).

You may request a copy of your Arizona criminal record if you believe it is inaccurate or incomplete. To request your Arizona criminal history record, you will need to obtain a “Record Review Packet".

•    Upon receipt of the record review results, if you feel that your record is inaccurate or incomplete:
o    You can challenge your criminal record by completing the “Review and Challenge of Arizona Criminal History Record Information” form which will be mailed to you with the results of the record review.
o    Complete the Review and Challenge form and mail it to the Criminal History Records Section at the address listed on the Review and Challenge Form.
•    The Central State Repository will audit the information you have indicated as being either inaccurate or incomplete by:
o    Contacting the criminal justice agency(ies) within Arizona that provided the information to the Central State Repository in order to verify the data.
o    If a correction is necessary:
      -The Central State Repository will update/modify your criminal record and notify the Federal Bureau of Investigation (FBI) of
        any modifications to ensure the state and federal records are synchronized.      
      -The audit result will be mailed to you with a copy of your updated criminal record, if applicable.
      -You should receive a response within 15 days of your request.”

http://www.azdps.gov/services/records/criminal_history_records/questions/

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QUESTIONS

  • When my son was arrested somehow he was wrongfully charged. It shows the wrong charges on the Az Court Records Search. I asked our attorney at the time to get the wrong charges removed but as we found out today, he did not do that... What can we do to get this taken care of? Who actually sits at a computer and puts these charges on the records search for any one to see?

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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

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