REMOVING CONVICTIONS FROM YOUR RECORD
Although you can never have prior convictions erased completely from your record, Arizona has a law that allows people to have their prior convictions "set aside" and the original charges "dismissed." (See A.R.S. 13-905). For example, if you were convicted of Misdemeanor DUI and had to serve time in jail, you can still have that prior DUI conviction "set aside" and "dismissed" from your record.
Why is that important? For many people, getting the conviction set aside and dismissed can help them get a job they want. For others, getting the conviction set aside and dismissed allows them to travel to foreign countries for business and vacation (Canada, for example, can refuse to allow Americans into the country if they have DUI convictions on their record that have not been set aside and dismissed). Also, if you have lost your gun rights because of a domestic violence conviction, getting the conviction set aside and dismissed may allow you to own or possess a firearm under federal law.
Many criminal convictions can be set aside and dismissed, even felony convictions. In fact, the only convictions that cannot be set aside are dangerous offenses, most sexual offenses, and crimes involving a victim under 15 years of age.
But remember, prior convictions can always be used against you by the courts and the judicial system, even if they have been set aside and dismissed. Also, your prior criminal charges will still show up in criminal background checks. Unfortunately, there is nothing that can be done to prevent that from happening because there is no way to completely erase your prior arrest history.
Although you can never have prior convictions erased completely from your record, Arizona has a law that allows people to have their prior convictions "set aside" and the original charges "dismissed." (See A.R.S. 13-905). For example, if you were convicted of Misdemeanor DUI and had to serve time in jail, you can still have that prior DUI conviction "set aside" and "dismissed" from your record.
Why is that important? For many people, getting the conviction set aside and dismissed can help them get a job they want. For others, getting the conviction set aside and dismissed allows them to travel to foreign countries for business and vacation (Canada, for example, can refuse to allow Americans into the country if they have DUI convictions on their record that have not been set aside and dismissed). Also, if you have lost your gun rights because of a domestic violence conviction, getting the conviction set aside and dismissed may allow you to own or possess a firearm under federal law.
Many criminal convictions can be set aside and dismissed, even felony convictions. In fact, the only convictions that cannot be set aside are dangerous offenses, most sexual offenses, and crimes involving a victim under 15 years of age.
But remember, prior convictions can always be used against you by the courts and the judicial system, even if they have been set aside and dismissed. Also, your prior criminal charges will still show up in criminal background checks. Unfortunately, there is nothing that can be done to prevent that from happening because there is no way to completely erase your prior arrest history.
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