WHY SHOULD YOU HIRE AN ARIZONA EXPUNGEMENT LAWYER?
Most people care about their reputation and do not want their criminal record to set them back. Everything from getting a job, getting into school or vocational training, obtaining a professional license, taking a loan, or even getting housing can be impacted by a past criminal conviction. Many types of convictions can even cause someone to lose their civil rights to vote or possess a firearm. If you have a criminal record you most likely want to get it expunged or set-aside.
In Arizona, the method for getting your conviction dismissed is by requesting a court to “Set-Aside” your conviction. For personal marijuana convictions, you can even ask the court to expunge your previous criminal case and have the record sealed so that it is not available to be viewed by the general public.
An experienced lawyer can help you get your criminal conviction set-aside, restore your civil rights, and even get your record sealed for a marijuana conviction.
SKILLED LEGAL ADVICE IN ARIZONA
Experience is part of developing a successful law practice and at the Law Offices of Shawn B. Hamp people from Arizona get the skilled legal advice and representation they're looking for when they need an attorney to help them get their life back on track.
We have a thorough understanding of marijuana expungement law, set-asides, and restoration of civil rights law. With exceptional legal skills, practical solutions, and professional integrity, the attorneys at the Law Offices of Shawn B. Hamp work hard to help you get the best possible results in the following practice areas:
- Marijuana Expungements
- Restoration of Civil Rights
We pride ourselves on developing real connections with clients. We put complex legal issues into language that you can easily understand. We work hard to help our clients in every situation. We treat clients with respect and spend time to make sure that they fully understand the process they are going through.
When you need counsel on a major, life-impacting decision, you deserve an attorney who will listen to you, thoroughly examine the facts, and provide the best possible solution for you and your future.
WHAT IS A SET-ASIDE and EXPUNGEMENT IN ARIZONA?
Arizona Law provides for clearing a conviction by having the case dismissed, and the conviction set aside. The Arizona criminal set-aside law, Arizona Revised Statute § 13-905, can be complex in certain areas, but getting a criminal conviction set-aside is something that should be done by anyone with even a minor criminal history. Contrary to popular belief, criminal convictions are not cleared automatically with the passage of time.
In addition to Arizona Set-Aside laws, the voters of Arizona enacted new provisions for individuals with personal Marijuana drug convictions to have their case expunged and sealed. Not only are individuals eligible to have their personal use marijuana convictions dismissed, but the new law also allows for all court records and police reports connected to the marijuana conviction to be sealed and not available to the public.
HOW DO I FIND OUT IF I AM ELIGIBLE FOR A CRIMINAL SET-ASIDE OR EXPUNGEMENT?
Call us for a free consultation. You can even schedule a call by using this link.
Unless you have not completed your entire criminal sentence (including paying all fines and restitution) or were convicted of certain violent or sexual offenses, you are probably eligible to have your case set-aside. Felony and misdemeanor can be set-aside. Personal Use Marijuana convictions involving 2.5 oz or less can be permanently sealed.
HOW LONG DOES A SET-ASIDE, RESTORATION OF CIVIL RIGHTS OR EXPUNGEMENT TAKE?
In general, getting a regular criminal case set-aside can take approximately 30-45 days. For marijuana convictions, the State has up to thirty (30) days to respond to any petition to expunge a personal marijuana conviction. Call us about your case; with our experience, we can give you a pretty good idea of how long your case will take.
WHY GET MY CRIMINAL CASE SET-ASIDE OR MARIJUANA CONVICTION EXPUNGED OFF MY RECORD?
Background checks for employment, professional licensing, college admission and financial aid, or even renting an apartment are now commonplace. A conviction set-aside or marijuana case expungement helps ensure success in these undertakings. Many of our clients seek expungement for these reasons, but a large number get their records expunged for peace of mind, and for closure on a past mistake.
HOW DOES A CRIMINAL CONVICTION SET-ASIDE OR MARIJUANA EXPUNGEMENT WORK?
We file on behalf of our client a petition to Set-Aside or petition for expungement under A.R.S. § 13-905 and A.R.S.§ 36-2862. The prosecuting attorney must also be served.
The prosecuting attorney has the right to object to a set-aside or expungement. Granting a set-aside is totally at the judge's discretion and getting a Marijuana conviction expunged may also require a court hearing if the court concludes there are genuine disputes of fact regarding whether the petition should be granted. We file formal replies to such objections so that the court is aware of the most recent laws regarding set-aside and expungement cases. Depending upon the court there may or may not be a formal hearing scheduled. If there is a hearing scheduled we attend for our clients, at no additional cost.
When the set-aside or expungement is granted, the court will set aside the judgment of guilt, dismiss the complaint, information, or indictment, and order that the person is released from all penalties and disabilities resulting from the conviction. If a marijuana conviction is expunged, the Court shall order the State to expunge any record of the petitioner's arrest, charge, conviction, adjudication, and sentence.
The set-aside is noted on the person's criminal record, and the marijuana expungement removes the criminal conviction from the petitioner's record. The Arizona Department of Justice and FBI databases are notified by the court clerk of the set-aside or expungement and update their records to show that the conviction has been ordered to be set aside by the trial court.
Our clients receive a copy of the order showing that this has occurred. They can then honestly answer "NO" to a question about criminal convictions in most cases.
Over the past decade, we have had over 99% of our petitions granted. We do not accept a case unless we believe you are eligible under the statutes to have your criminal case set-aside or expunged.
DO I NEED AN ATTORNEY?
An individual can always file a petition to set-aside or petition for expungement on their own. There are no filing fees, and many forms are available online from most courts. However, we help many clients because the proceedings to get their criminal or marijuana convictions set-aside or expunged is very important to them and their future.
We have years of experience dealing with criminal set-aside cases. We know the factors the courts consider in making the determination of whether to grant a petition to set-aside or expunge a criminal record. We advocate for our clients to get them a second chance.
Remember that you are hiring a lawyer for a proceeding that is very important to your future,
Call us for a Free Consultation: 866-490-4267.
CONTACT ARIZONA EXPUNGEMENT LAW FOR A CONSULTATION
We have advocated for our Arizona clients for over a decade. There's no need to handle these difficult matters of law all alone. Get the legal advice, counsel, and representation you need. Contact ArizonaExpungementLaw.com and the Law Offices of Shawn B. Hamp in Arizona for a consultation. We can help you decide which course of action will serve your best interests.
Call us for a Free Consultation: 866-490-4267.