Expungement / Restoration of Civil Rights
Whether in the Phoenix area, or anywhere in Arizona, there is no such thing as a "Expungement". However, Arizona does provide for what is known as a "Judgment of Guilt Set Aside" and a "Restoration of Civil Rights". In essence, if the Judge grants the Motion to Set Aside Judgment of Guilt, then a Defendant can tell people that he has not previously been convicted of a crime. However, many job applications will ask "Have you ever been convicted, arrested, or charged?" If this occurs, then a Defendant must answer "yes" on any job application. However, there is usually a space which allow an explanation of the situation. Many times people will state that they were charged with a crime, however, the "judgment of guilt was set aside", and therefore they currently have no convictions on their criminal record. This response normally serves to adequately answer any job application questions, and removes the conviction as a harmful consideration for a Defendant's potential employer.
If the case is a felony matter, then we will also file what is known as a "Restoration of Civil Rights" in an attempt to allow a Defendant to vote in the future. On some of these motions, we can also ask for the restoration of the right to bear arms (i.e., own guns). However, if the conviction involves certain types of violent crimes (such as Aggravated Assault or Sexual Misconduct) then the law does not allow a person to file for a Judgment of Guilt to be set aside. For a more definitive finding of whether your case allows you to set aside the judgment of guilt, contact our office immediately.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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