What do I ask for in court if I am looking to get a felony expunged?

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What do I ask for in court if I am looking to get a felony expunged?

The felony is for theft and I have a misdemeanor for assault.

Asked on April 24, 2012 under Criminal Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In the state of Arizona expungement is known as "setting aside a judgement."  One can not set aside the following:

  1. A crime involving the infliction of serious physical injury
  2. A crime involving the use or exhibition of a deadly weapon
  3. A crime that was motivated by sexual desires
  4. Any crime where the victim was younger than 15 years old
  5. A driving/moving violation while the defendant’s license was suspended or revoked

If your crime is not included in the above the setting aside the judgement may be pssible if you meet the following requirements:

You must have met all the requirements set out in the original sentencing after the conviction, including:

  1. The jail or prison sentence
  2. Any probationary period
  3. Any alcohol or substance rehabilitation programs
  4. Any anger management course completion requirements

2. The defendant cannot have any additional criminal convictions from anywhere between three months and six years from the date of the completion of the original sentence and/or probation that was tied to the original conviction.

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