The Papillon Foundation

 

The greatest crime of all is a wasted life

Arizona State Resources

 

Arizona's equivalent to expungement law is described as "setting aside" one's criminal record.  This means that your criminal record still legally exists, but is not available to all.

After an Arizona resident has "set aside" his or her records of arrest and convictions, the records are essentially expunged from public access in most cases. 

Arizona places the burden of having a criminal record expunged on the individual.  It is a person's individual responsibility to clear his or her name even if it was determined that the records appearing on the criminal background check are a result of false accusation or innocence beyond a reasonable doubt.

Records may be expunged even if the defendant was determined to be guilty and had spent some time in prison or jail.  Persons convicted of felonies have been granted motions to have their criminal records expunged for a particular crime. However, this seldom occurs if ever.  The most important factor the courts consider in granting one's motion to expunge their criminal records is the severity of the crime and its effect on the greater society.


Felons convicted of violent crimes will generally not be granted any motion to have their records "set aside."

Successful motions for the expungement of criminal records in Arizona are granted for those convicted or falsely accused of misdemeanor criminal conduct. Even motions to have a misdemeanor driving while intoxicated (DUI) arrest have been granted under the proper circumstances. 

A person must display proof that the person in question possesses no risk factors for repeat offense.  In the case of driving while intoxicated, the individual must show that his or her drinking habits have changed and that the person has not had another DUI or alcohol-related accident in a very long time.  Under Arizona expungement law, cases in which a person had been found not guilty of driving while intoxicated may also petition the Arizona Motor Vehicle Department to have their DUI arrest expunged.


Voting Rights Restoration:


In Arizona, a felony conviction leads to the loss of voting rights. There are two ways felons can get them back:

• First-time felons convicted on just one count get their voting rights restored automatically upon completion of any sentence in the Arizona Department of Corrections or probation plus payment of all court fees and restitution.

• Those with multiple felony convictions must wait two years* after completing any sentence in the Arizona Department of Corrections and repaying all court fees and restitution. They then must apply for restoration of their civil rights with the court where they were sentenced. Separate applications must be filed for each felony conviction.

*Felons convicted of multiple felonies do not have to wait two years to apply for rights if they only served probation. They can apply immediately after completing probation and paying any court fees and restitution.



Links:


     Get Your Arizona Rap Sheet:


Arizona Department of Public Safety: Record Review Instruction Packet


Arizona Department of Public Safety Criminal History Records FAQ's


How to Get Arrest Records for Arizona: eHow Article


Arizona Criminal Records: The Record Project



      State Statutes:


ARS 13-904: Suspension of Civil Rights and Occupational Disabilities


ARS 13-905: Restoration of Civil Rights; Persons Completing Probation


ARS 13-906: Applications by Persons Discharged from Prison


ARS 13-907: Setting Aside Judgment of Convicted Person on Discharge; Application; Release from Disabilities; Exceptions


ARS 13-908: Restoration of Civil Rights in the Discretion of the Superior Court Judge


ARS 13-4051: Clearance of Arrest Records



     Free Executive Clemency Forms & Instructions:


Arizona Board of Executive Clemency: Commutation of Sentence Application



     Free Statewide Forms & Instructions:


Setting Aside Convictions and Restoring Civil Rights: AZ LawHelp


AZ Set Aside Guide Book: Restoration of Civil Rights: AZ LawHelp


How to Get a DUI Record Expunged in Arizona: eHow Article


How to Get Criminal Records Sealed in Arizona: eHow Article


Expunging or Sealing Records Article: AZ LawHelp


Motion to Clear Arrest Record Pursuant to ARS 13-4051: Maricopa County Public Defender



     Free Local Forms & Instructions:


Avondale City Court: Application to Set Aside Judgment, Accusation and Penalties


Coconino County Superior Court: Restoring Civil Rights and/or Setting Aside a Judgment


Cochise County Juvenile Court: Application for Destruction of Records, Restoration of Civil Rights, etc.

Gilbert Municipal Court: Application to Set Aside Judgment and Order


Glendale City Court: Information on Applications to Set Aside Judgment


Glendale City Court: Application to Set Aside Judgment (Word Document)


Maricopa County Superior Court: Application to Vacate Judgment of Guilt and Dismiss Charges


Maricopa County Superior Court: Form 300: Application to Restore Civil Rights, Restore Gun Rights, Set Aside Judgment of Guilt, and Request for Reconsideration


Maricopa County Juvenile Court: AFFIDAVIT AND APPLICATION FOR DESTRUCTION OF DELINQUENCY RECORDS, SETTING ASIDE ADJUDICATION, and/or RESTORATION OF CIVIL RIGHTS


Maricopa County Sheriff Department's Offender Watch Sex Offender Registry


Mesa Municipal Court: Application to Set Aside Judgment


Mohave County Superior Court: INSTRUCTIONS FOR RESTORING CIVIL RIGHTS AND/OR SETTING ASIDE A JUDGMENT


Mohave County Juvenile Court: Application for Destruction of Juvenile Records, Setting Aside Adjudications, and/or Restoration of Civil Rights


Pima County Superior Court: Restoration of Civil Rights


Pima County Superior Court: Notice of Hearing on Petition for Restoration of Civil Rights


Pima County Superior Court: Application Pro Per to Designate a Class 6 Undesignated Offense


Pima County Justice Court: Application and Order to Set Aside Judgment


Pima County Consolidated Justice Court: APPLICATION AND ORDER TO SET ASIDE JUDGMENT ACCUSATION & PENALTIES


Pinal County Superior Court: Restoration of Civil Rights Application Packet


South Tucson City Court: Application to Set Aside Judgment and Order


Tempe Police Department Offender Watch Sex Offender Registry


Tucson City Court: Application to Set Aside Judgment and Order


Yavapai County, Verde Valley Justice Court: Application to Set Aside Judgment



State Licensing and Employment Resources:


Arizona law prohibits the state government from disqualifying a person from employment solely on the basis of a prior conviction.  However, the state may deny a license, permit, or certificate to engage in an occupation where the offense had a reasonable relationship to functions of the employment requiring it.


Instructions for Submitting Criminal History Information: Arizona Registrar of Contractors



Other Free Legal Resources:


Arizona Judicial Branch: Self-Service Center


Collateral Consequences of a Juvenile Conviction in Arizona: Think Before You Plead


AZ Common Ground is an organization which had its beginning behind the razor wire of a prison fence. Frantz Beasley, Keith Krenklis, and Rodjay Benford were three inmates who came together to develop a plan to reach out to men and women upon their release to assist them in overcoming the barriers that oftentimes hinder the forward progress of so many.


Possessing the unique perspective of being ex-offenders, experiencing the process of re-entry firsthand, and learning to rebuild their own lives after being convicted of numerous felonies, these men came together to form an organization to meet the challenge of an out of control recidivism rate.


Fresh Start Community Services existsto reduce recidivism rates among men, women and youth. In collaborating with state, federal and community based agencies we provide resources for job training and placement, housing and food assistance,transportation, child care, technology and education services.


Collateral Consequences of a Criminal Conviction in Arizona


Middle Ground Prison Reform




Commercial Guides & Resources: