questions & answers

Question: Is it helpful to get set asides on misdemeanor convictions besides paraphinalia or drug related. Misdemeanor convictions.bcuz on an Arizona website it says it would be less help with other types of misdemeanor s besides drug related. Either way what are my career options with several misdemeanors that are5 to 2 years old? ? :( I don't think I'll be Abe to maintain a level one finger print clearance card a level one card to be exact so I need to know all of my career options for Arizona. Or would I be better off moving out of state. Or is there enough forgiveness in this state for wide options

Answer: In Arizona, expungement has the same meaning as setting aside. Expungement does not wipe out the conviction. The record of conviction is not destroyed. For the protection of the public, a conviction may be used to deny certain kinds of employment, licenses, permits, certificates as well as used against a person in future criminal cases, even though the conviction was set aside or expunged.

A person whose conviction has been set aside or expunged must disclose the conviction if the employment application asks whether the person has a prior conviction. An applicant must report previous conviction of an offense, if asked about prior convictions during a job interview. However, the applicant should also report that the conviction “has been vacated (or set aside) and the charges dismissed.” The court uses this language in setting aside a conviction.

Arizona does not presently have an ‘expungement’ statute.  The laws about setting aside a conviction presently found in A.R.S. §§ 13-904 – 912 . A.R.S. § 13-907 permit a person convicted of a felony to request a "set aside" of a felony conviction under certain circumstances. The statutes use the term “set aside the judgment.” An application to have your conviction set aside may use the language “vacate judgment and dismiss charges.” In this situation, “setting aside a conviction,” means the same thing as “vacating judgment and dismissing the charges.”(See AZLawHelp at http://azlawhelp.org/articles_info.cfm?sc=66&mc=13&articleid=147).

If you have a criminal conviction on your record, your criminal background may be ascertained by employers in any state. Additionally, employment eligibility requirements may vary greatly depending on the position(s) you are applying for and the employer's individual policies on criminal background checks. Some employers may deem applicants to be eligible for hire so long as their criminal background does not include a felony. For help identifying career options that may meet your eligibility requirements, you may choose to contact  the AZ Dept. of Economic Security (AZDES) at https://www.azdes.gov/main.aspx?menu=260&id=1054. For another resource providing government assistance in finding a job, please check out http://www.usa.gov/Citizen/Topics/Education-Training/Finding-Jobs.shtml