Expunging or sealing records

questions & answers

Question: If the state does not object to my application to vacate judgment of guilt and restore my civil rights and right to possess a firearm does this mean I have my rights back

Answer: If the Court grants the application to set aside a conviction, the Court will set aside the judgment of guilt. The Court will dismiss the accusations or the information (the document that charges a person with a crime). Then the Court will order the person’s release from all penalties and disabilities resulting from the conviction, except:

  1. The penalties and disabilities imposed by the department of transportation under A.R.S. §§ 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used if the conviction would be admissible had it not been set aside; 
  2.  The set aside conviction may be pleaded and proved in any subsequent prosecution of that person for any offense or
  3. It may be used by the department of transportation to enforce A.R.S. §§ 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if it had not been set aside.

The Court will review the application and may grant the request, deny the request, set a hearing or set orders the Court believes is appropriate in the person’s case. For questions about the hearing, call the Court that set the hearing or contact an attorney.

QUESTIONS

  • If the state does not object to my application to vacate judgment of guilt and restore my civil rights and right to possess a firearm does this mean I have my rights back

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