Certificate Of Discharge Form Within One Year In Arizona
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FAQ
aside is sometimes called expungement or expunction. It means that the court record of a criminal or contempt case is sealed by the court and will not appear in official court records. You should be aware that setaside cases can be unsealed in certain limited circumstances.
In a few situations, a judge can cancel or undo an order or judgment in your family law case. This is called a set-aside.
Setting aside a judgment means that a person convicted of a crime has been released from all penalties and disabilities resulting from the conviction.
If you have a criminal conviction on your record and are granted a motion to set aside, the court will set aside the judgement of guilt, dismiss the complaint, information or indictment and order that you be released from all penalties and disabilities resulting from the conviction.
The prior conviction record remains, but the court record will also note that the conviction has been “set aside.” The record will show that you completed all the requirements of your sentence (fines, jail, restitution, community work service) and that the court vacated the judgment and dismissed the charges.
Absolute Discharges from the Federal Bureau of Prisons may be obtained at the clerks office of the United States District Court. The person may wish to contact the restoration clerk at 602-506-4949 to assist with a federal conviction.
Waiting Period for Expungement in Arizona 2 years: low-grade misdemeanors. 3 years: class 1 misdemeanors. 5 years: class 4, 5 or 6 felonies. 10 years: class 2 or 3 felonies.
In Arizona, the closest process to expungement is ARS 13-905, which deals with setting aside a conviction. Under ARS 13-905, except for certain disqualified convictions, after you have completed your sentence, then you may file an application with a judge to have your conviction set aside.
The individual seeking expungement must file a petition with the court where the arrest occurred or the case was heard. The court will then notify the prosecutor's office, and if no response is received in 30 days, the petition must be granted. The Arizona Judicial Branch has petition forms and information online.
Under A.R.S. § 13-907, most people in Arizona who are convicted of crimes are allowed to file motions to ask the court to set their convictions aside. In order to file a motion for this to happen, a convicted person must first complete his or her probation or sentence.