Expungement or Setting Aside Judgments
Criminal Defence
Expungement or Setting Aside Judgments
Having a criminal record can limit your job prospects and harm your reputation. If you’re looking to move forward and restore your good name, you may want to consider having your record set aside. In Arizona, this process—often referred to as “expungement”—involves setting aside a prior conviction, meaning the public record will reflect that the conviction has been annulled, vacated, or otherwise modified.
The process of obtaining a set aside can be complex and is best handled with the guidance of a skilled attorney familiar with Arizona’s criminal laws. At Rowley Chapman & Barney, Ltd., our experienced Mesa criminal defense lawyers have successfully helped many clients navigate this process. Contact us today at (480) 833-2341 or reach out online to learn how we can assist you in clearing your record.
Expungement or Setting Aside a Conviction
In Arizona, there are two main legal pathways to clear or “expunge” a criminal conviction: one is through an Entry of Clearance on Records, and the other is by Setting Aside a Judgment.
Entry of Clearance on Records
Under Arizona law (ARS § 13-4051), an individual who believes they were wrongfully arrested, charged, indicted, or convicted may file a petition with the superior court. If the court grants the request, all related police, court, and agency records must include a notation indicating that the person has been cleared of the charges.
In simple terms, this means that if you were wrongfully implicated in a crime, the official records will reflect that you were exonerated. Once a clearance is granted, law enforcement and other government agencies are prohibited from sharing or distributing the prior records without a court order. Anyone who violates this rule and discloses expunged records can be held liable for any harm caused to your reputation.
Setting Aside a Conviction
A separate option under ARS § 13-907 allows a person who was convicted of a crime to request that the court set aside the conviction. Unlike the clearance process, this option does not require a showing of wrongful arrest or conviction. Instead, it is available to many individuals as a way to reduce the long-term impact of a conviction.
Setting aside a conviction releases the individual from most penalties associated with the offense. However, certain penalties, particularly those imposed by the Arizona Department of Transportation (under ARS §§ 28-3304, 28-3306, 28-3307, 28-3308, or 28-3319), may still apply. Beyond legal relief, a set-aside can also help improve job prospects and personal reputation.
This option is commonly pursued in cases involving non-violent offenses or convictions that occurred when the individual was a minor.
Get Help With Record Clearance or Setting Aside a Judgment in Mesa
The experienced criminal defense attorneys at Rowley Chapman & Barney, Ltd. can guide you through the expungement or set-aside process and help determine which option is right for your case. Contact our Mesa office today to start the process of clearing your record.
