Expunging or sealing records
questions & answers
Question: In 2004. I was convicted of attempted armed robbery (I had a toy gun).I even ran from the check cashing place after I held up my toy gun. The manager took my license #. I have complied to 3 years probation and this conviction makes me out to be a dishonorable person for employment. Am I still eligible for espungement?
Answer: Arizona does not have an “expungement” statute. Instead, Arizona permits certain criminal convictions to be set aside under A.R.S. 13-907. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00907.htm&Title=13&DocType=ARS A person becomes eligible for a set aside if he or she has fulfilled the conditions of his or her probation or sentence, or is discharged by the court. There are, however, certain offenses which do not qualify for a set aside. A set aside is not available for a person who has been convicted of one of the following:
1. A dangerous offense
2. An offense that requires registration, such as sexual abuse or sex with a minor
3. An offense for which a sexual motivation was proven
4. An offense in which the victim was under the age of fifteen
5. And certain other offenses.
A “dangerous offense” is defined by statute as “an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.” A.R.S. 13-105. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00105.htm&Title=13&DocType=ARS Armed robbery is a robbery where one of the robbers is armed with, uses, or threatens to use a “deadly weapon or a simulated deadly weapon.” A.R.S. 13-1904 http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/01904.htm&Title=13&DocType=ARS Because an armed robbery involves deadly weapons or simulated deadly weapons, it could be considered a dangerous offense and disqualify a person from having a conviction set aside. However, it is important to remember that no individual’s circumstances are the same. Every conviction requires individual treatment and consideration. For detailed assessment of any particular conviction, a licensed attorney would have to be consulted.
QUESTIONS
-
In 2004. I was convicted of attempted armed robbery (I had a toy gun).I even ran from the check cashing place after I held up my toy gun. The manager took my license #. I have complied to 3 years probation and this conviction makes me out to be a dishonorable person for employment. Am I still eligible for espungement?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
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
- DNA- People's Legal Services - Fort Defiance
View full description - Catholic Community Services of Southern Arizona, Inc.
View full description - Southern Arizona Legal Aid, Inc. - Lakeside - Apache, Gila, and Navajo Counties
View full description - Maricopa County Bar Lawyer Referral Service
View full description - Bankruptcy Hotline
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.