questions & answers

Question: after being arrested about 10 years ago, the attorneys office denied the case from the arresting department due to lack of evidence. Charges were never filed with the state, however the arrest record still has to be researched with every background check. is there a way to have this removed from public record since there was never even a case or conviction?

Answer: While there are procedures in Arizona to have convictions set aside and civil rights restored, there is no equivalent procedure for arrests. And, even where set asides of convictions are granted, the fact that a person was convicted will likely still appear when a comprehensive criminal background investigation is completed. That is because the fact that a conviction occurred is still true even if it was later set aside. The same is true for an arrest. Although you may not have been charged or convicted of any offenses, the fact that you were arrested is still true. Depending on the reason for the criminal background check, a mere arrest, without more, would usually not result in a disqualification. However, that would be a decision made by the person or entity requesting the investigation. You may wish to consider obtaining a copy of the arrest report and providing it in advance of any background investigation with an explanation that charges were declined due to insufficient evidence. Oftentimes explaining these matters in advance will result in fewer issues.