Arizona Expungement Lawyer
A past arrest or criminal conviction can continue to affect employment, housing, professional opportunities and other parts of your life long after the original court case has ended. Arizona law provides several forms of criminal record relief that may help eligible people move forward.
The Maerowitz Law Firm, LLC assists clients with two important but different Arizona remedies: an Application to Set Aside a Conviction and a Petition to Seal Criminal Case Records.
CALL 480-927-3700 FREE & CONFIDENTIAL CONSULTATIONCan You Clear a Criminal Record in Arizona?
People commonly search for an Arizona expungement lawyer when they want to reduce the impact of an old arrest or conviction. The terminology can be confusing because different legal remedies accomplish different things.
Two of the most important remedies available under Arizona law are an Application to Set Aside a Conviction and a Petition to Seal Criminal Case Records. These are separate procedures with different eligibility requirements and different legal effects.
The Maerowitz Law Firm can review your criminal history, explain which remedy may apply and help prepare the appropriate filing with the court.
Set Aside vs. Seal: What Is the Difference?
A set-aside and a sealing order are not the same thing. Understanding the distinction is important before deciding what type of Arizona criminal record relief to pursue.
Application to Set Aside a Conviction
A set-aside is available for certain Arizona convictions after the person has completed the applicable sentence or probation requirements.
If granted, the court sets aside the judgment of guilt and the criminal record reflects that the conviction has been set aside.
Petition to Seal Criminal Case Records
Arizona law also allows eligible people to petition the court to seal criminal case records. Sealing restricts public access to the covered records.
Depending on the circumstances, sealing may be available for an eligible conviction, a case that was dismissed or resulted in a not-guilty verdict, or an arrest where criminal charges were never filed.
Arizona Application to Set Aside a Conviction
A person who has completed the conditions of an eligible Arizona sentence may apply to the court that entered the conviction and ask the judge to set aside the judgment of guilt.
When deciding whether to grant an application, the court may consider factors such as the nature and circumstances of the offense, compliance with the sentence, other convictions, victim input, restitution, the amount of time that has passed and other circumstances relevant to the request.
Not every conviction is eligible for a set-aside. Arizona law contains exclusions for certain offenses, making it important to review the particular conviction before preparing an application.
For a matter involving a court in Maricopa County, The Maerowitz Law Firm's fee is generally $400 to assist in drafting an Application to Set Aside.
The appropriate scope and fee can depend on the individual case, so contact the firm to discuss your record and the court involved.
ASK ABOUT A SET-ASIDE | 480-927-3700Arizona Petition to Seal Criminal Case Records
Record sealing is a different form of relief. Instead of merely changing the status of a conviction to show that it has been set aside, a sealing order restricts general public access to eligible criminal case records.
Depending on eligibility, a petition to seal may involve:
If a petition is granted, the covered criminal case records are sealed from general public access. Arizona law also generally allows a person whose records have been sealed to state on many employment, housing, financial-aid and loan applications that the person was not arrested for, charged with or convicted of the sealed crime.
There are statutory exceptions, and sealed records can still be available or used for certain purposes. An attorney can help explain how those exceptions may apply to your circumstances.
Should You Apply to Set Aside or Petition to Seal?
The answer depends on the history of the case, how the case ended, the offense involved, whether the sentence was completed and whether the person meets the statutory requirements for the particular form of relief.
A set-aside may be worth exploring when:
- You were convicted of an offense in Arizona.
- You completed the applicable probation or sentence requirements.
- You want the record to reflect that the conviction was set aside.
Sealing may be worth exploring when:
- You have an eligible conviction and have completed the required sentence obligations.
- Your criminal case was dismissed.
- You were found not guilty.
- You were arrested but charges were never filed.
- You want to determine whether the case records may qualify to be sealed from general public access.
A Past Criminal Case Can Continue to Follow You.
Even after a criminal case has ended, the record may continue to appear in background searches or raise questions in important areas of life. That is one reason many people explore Arizona set-aside and record-sealing options.
Preparing the Right Filing for the Right Remedy
The process is more than simply downloading a form. A strong application or petition should accurately identify the underlying criminal case, address the applicable legal requirements and present the information the court needs to evaluate the request.
Depending on the matter, The Maerowitz Law Firm may assist with:
Three Steps Toward Clearing Up an Arizona Criminal Record
Identify the Case
Gather the case number, court information and any available documents relating to the arrest or conviction.
Determine the Remedy
Review whether an Application to Set Aside, Petition to Seal or another form of relief may be appropriate for the circumstances.
Prepare the Filing
Prepare and submit the appropriate application or petition to the proper Arizona court.
Why Hire Matt Maerowitz for an Arizona Set-Aside or Record Sealing?
Matt Maerowitz is the Managing Attorney of The Maerowitz Law Firm, LLC and an experienced Arizona lawyer whose practice focuses on criminal defense, DUI and personal injury.
Matt has 12 years of legal experience and has represented clients in bench and jury trials. His criminal defense background gives him practical experience working with Arizona criminal courts, court records and post-conviction issues.
The firm's approach emphasizes personalized representation, direct communication and high-quality legal work at a fair price.
The goal is to help you understand what relief may actually be available, prepare the appropriate request and avoid confusing a set-aside with a sealing petition when the two remedies have different legal effects.
Looking for an Arizona Expungement Lawyer? Talk With The Maerowitz Law Firm.
The Maerowitz Law Firm, LLC is based in Phoenix and assists clients with criminal matters throughout Arizona. If you are trying to set aside an old conviction or determine whether an arrest, dismissal or conviction may qualify for record sealing, experienced legal guidance can help you understand the available options.
If you are searching for an Arizona expungement lawyer, Phoenix record sealing attorney, Arizona set-aside lawyer, criminal record sealing lawyer or Arizona criminal defense attorney, contact Matt Maerowitz for a free and confidential consultation.
FREE CONSULTATION | 480-927-3700Frequently Asked Questions About Set Asides and Record Sealing in Arizona
Can I expunge my criminal record in Arizona?
People often use the word “expungement” when looking for ways to clear or reduce the impact of a criminal record. Two important remedies available in Arizona are setting aside an eligible conviction under A.R.S. § 13-905 and sealing eligible criminal case records under A.R.S. § 13-911. The appropriate remedy depends on the case.
What is the difference between a set-aside and record sealing?
A set-aside changes the status of an eligible conviction so the record reflects that the judgment of guilt was set aside. Record sealing restricts general public access to eligible criminal case records. They are separate remedies and have different legal effects.
Does a set-aside erase my Arizona conviction?
No. A set-aside does not erase the underlying criminal case or make the record disappear. If the court grants the application, the record reflects that the conviction has been set aside.
Can a dismissed criminal case be sealed in Arizona?
Potentially. Arizona's record-sealing law allows eligible people to petition to seal records relating to criminal charges that were dismissed or resulted in a not-guilty verdict.
Can I seal an arrest if charges were never filed?
Potentially. A.R.S. § 13-911 allows an eligible person who was arrested for a criminal offense but was never charged to petition the appropriate court to seal the related case records.
If my record is sealed, can I say I was never arrested or convicted?
Arizona law generally allows a person whose case records have been sealed to state on many employment, housing, financial-aid and loan applications that the person was never arrested for, charged with or convicted of the sealed offense. The law contains exceptions, so the effect of a sealing order should be reviewed in light of the person's circumstances.
How much does The Maerowitz Law Firm charge for a set-aside application?
For a matter in a Maricopa County court, The Maerowitz Law Firm's fee is generally $400 to help draft an Application to Set Aside. The appropriate scope and fee may vary depending on the circumstances of the case.
How do I find out whether I qualify?
Contact The Maerowitz Law Firm at 480-927-3700. The firm can review the case history, the court involved and how the case was resolved to help determine whether a set-aside, sealing petition or another option may be appropriate.
Ready to Address an Old Arizona Criminal Record?
Whether you want to set aside an old conviction or determine whether your criminal case records may qualify to be sealed, The Maerowitz Law Firm can help you understand the difference and prepare the appropriate filing.
Contact Matt Maerowitz at The Maerowitz Law Firm, LLC.
480-927-3700 CALL FOR A FREE CONSULTATION CONTACT THE FIRMThis information is provided for general informational purposes only and does not constitute legal advice. Eligibility for a set-aside or record sealing depends on the particular case and applicable Arizona law. Viewing this page or contacting the firm does not by itself establish an attorney-client relationship.