Expunging or sealing records

questions & answers

Question: I have a dismissed DV misdemeanor showing on my background check. How can this be expunged?

Answer: The arrest will always show up because it is part of public records...HOWEVER, you may request the Superior Court note on your record you were cleared of all charges. Here is the Arizona Revised Statute (ARS) regarding this matter... 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 have a dismissed DV misdemeanor showing on my background check. How can this be expunged?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
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