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Can Misdemeanor Charges Be Expunged from a Criminal Record?

Interviewer: If someone had a misdemeanor charge and they have a conviction, what are their options after that? Could their misdemeanor be expunged or sealed after a certain amount of time?

Arizona Courts Permit Only a Motion to Set Aside

AZ Criminal Law Team Lawyer: Arizona doesn’t have expungement. We call it a Motion to Set Aside. Sometimes in misdemeanor cases, if you go forward with sentencing and, say, there’s no probation and the person can pay the fines and fees right away, you can actually petition the court right away to have your case set aside. The judge can rule on that almost immediately.

Some court judges allow that to happen almost immediately. Other times you have to wait and finish paying the fines or go through the probation. So it depends on whether you have probation associated with that or have more obligations to fulfill. For example, if you have community service, the judge will require you to finish all of that before you can petition to have it set aside.

Arizona Has Three Classes of Misdemeanor Charges

I wanted to go into more detail about the misdemeanor levels. In Arizona, there are three different classes of misdemeanors. There’s Class 3 Misdemeanor, which is up to $500 fines and 30 days in jail. There’s a Class 2 Misdemeanor, which is up to $750 fine and four months in jail, and a Class 1 Misdemeanor, up to $2,500 in fines and six months in jail.

Interviewer: When a motion to set aside is filed, does that mean that employers have access to that information?

AZ Criminal Law Team Lawyer: It can still appear but rather than saying a judgment of guilty, it just says set aside.

Interviewer: Still, either way the situation works, like a DUI or something like that, there are several, different charges on there. It doesn’t look good.

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A Cup Of Coffee With 10 Of
The Top DUI Attorneys In The
United States

Guest Author: Attorney Brian Sloan

A Cup Of Coffee With 10 Of The
Top criminal defense
Attorneys In The United States

Guest Author: Attorney Carmen Gosselin

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Arizona Criminal Law Team

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Disclaimer: The Attorneys on The Criminal Law Team are individual attorneys that have come together for group advertising. Hiring one of the Attorneys through the Arizona Criminal Law Team results in that one Attorney representing their client under their own law firm. A client would not get multiple Criminal Law Team lawyers representing them.

Any information provided on these pages does not establish an Attorney / Client Relationship. All information on this website should be considered an OPINION based on experience, and may not be the most updated information based on constant changes in the field of law.

  • Home
  • Areas of Practice
    • DUI Defense
      • DUI
      • Aggravated DUI In Arizona
      • Extreme DUI
      • Super Extreme DUI
    • Criminal Defense
      • Drug Offenses
      • Minor In Consumption
      • Assault
      • Theft
      • TRESPASSING CHARGES
      • Criminal Damage
      • Fraud
      • Vehicular Offenses
  • Areas We Serve
    • Tempe
    • Scottsdale
    • Mesa
    • Glendale
    • Gilbert
    • Chandler
  • Team Accomplishments
  • Awards & Recognitions
  • About Us
  • FAQs
    • Criminal Defense FAQ’s
    • DUI Defense FAQ’s
    • Drug Related DUI FAQ’s (Videos)
    • Criminal Defense FAQ’s (Videos)
  • Blog