Expunging or sealing records

questions & answers

Question: Can an arrest for domestic violence be expunged that occured 1996 where the case was dropped. No physical violence ocurred and no injury ever happened.

Answer:    A set aside is not available to a person convicted of a criminal offense:

    1.  Involving the infliction of serious physical injury, 
    2.  Involving the use or exhibition of a deadly weapon or dangerous instrument, 
    3.  For which the person is required or ordered by the court to register as a sex offender, A.R.S. § 13-3821,   
    4. For which there has been a finding of sexual motivation under A.R.S. § 13-118    
    5.  In which the victim is a minor under 15 years of age, or   
    6.  In violation of A.R.S. § 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of §28-693 or any local ordinance relating to the same subject matter as A.R.S. § 28-693.

For more information please see the article Setting Aside Convictions and Restoring Civil Rights.

QUESTIONS

  • Can an arrest for domestic violence be expunged that occured 1996 where the case was dropped. No physical violence ocurred and no injury ever happened.

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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

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