Expunging or sealing records

questions & answers

Question: My judgement was set aside in 2012. How come I am not able to pass a background check when I am applying for work? What other steps can I take to close my judgement?

Answer:
A.R.S. Arizona Revised Statute 13-907 Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions
A. Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.
B. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.
C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

 The set-aside does not absolve a person of the crime unless a court rule that you were wrongly convicted. Certain types of jobs will not employ anyone with certain types of crimes.

 

QUESTIONS

  • My judgement was set aside in 2012. How come I am not able to pass a background check when I am applying for work? What other steps can I take to close my judgement?

STORIES

  • Age discrimination in the workplace. . .
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