What is an Expungement Proceeding?
Currently the State of Arizona does not have Expungement Statutes. That means in the State of Arizona a criminal record is permanent and cannot be expunged. What Arizona does allow for is called a “set-aside.” The Set Aside Statute is governed by Arizona Revised Statutes (A.R.S.) §13-907 or A.R.S. §8-348 if under the age of eighteen. Generally, a Set Aside is used as a way to restore rights including rights to a firearm so long as the offense which was committed was not a dangerous offense, a person requiring to register under A.R.S. §13-3821 (unlawful imprisonment, kidnapping, sexual assault, molestation, etc.), a crime with a sexual motivation, where there was a victim under the age of fifteen years of age, or offenses of A.R.S. §28-3473, a local ordinance for standing or operation of a vehicle or title 28, chapter 3 except A.R.S. §28-693 (Reckless Driving).
Have a question about expungement proceedings or restoring your rights? Call us at (928) 213-5916 today!