Set Aside/Record Sealing Attorney in Tucson, AZ

If you’ve received a previous conviction in Tucson, you’ve probably realized the barriers that come with a criminal record. It can be difficult to find employment, qualify for housing, earn professional licenses, and more. While Arizona doesn’t allow full expungements, you can apply to set aside or seal your record. This can make everyday tasks much easier and remove barriers to your civil rights. 

At Molnar Law Office, we understand your situation and realize that a mistake shouldn’t cost you your entire future. That’s why we specialize in helping those with a criminal record set aside their charges or remove their past from public access. If you or a loved one has prior convictions that are causing hardship in your life, reach out to us today. We provide a completely free case evaluation. 

Arizona Attorneys for Criminal Justice
Avvo
Ms. Molnar is an amazing woman and lawyer she helped me through a very long fight on a case and didn't give up she works hard and fights for her clients. I highly recommend Ms. Molnar and her services. You will not be disappointed in her services.
Google
Rafael G.

Setting Aside Criminal Charges in Arizona

In Arizona, you aren’t allowed to expunge your charge completely but there are circumstances where you can set the charge aside. This may help you get occupational licenses and access better employment opportunities. You may also have a wider range of housing options available to you and gain the ability to vote again.  

A.R.S 13-905 states that those who have completed all conditions of sentencing and/or probation may apply to have their judgment set aside. 

Some things to consider when applying to set aside a criminal offense include: 

  • Your criminal record doesn’t get erased, but it shows that you completed all sentencing and paid all fines or fees.
  • Having a charge set aside will show up on your record, which employers are likely to view more favorably. 

There are some requirements to qualify to set aside your criminal offense. Those who do not qualify to have their conviction set aside include: 

  • Committed a crime involving the infliction of serious personal injury
  • Committed a crime involving the use of a deadly weapon
  • Committed a crime that requires the person to register as a sex offender
  • Committed a crime of sexual motivation
  • Committed a crime with a victim 15 years of age or younger

The court will consider a few things when looking over a set aside application. They may look at the nature of the offense, input from the victim, the length of time since completing sentencing, and more. 

Restoring Civil Rights in Arizona

Under A.R.S 13-906, 13-907, 13-908, and 13-910, certain circumstances allow those with previous felony convictions to restore their civil rights. 

The courts are required to alert those with a felony criminal record if and when they qualify to restore their civil rights. These rights may include owning a firearm, voting, serving as a juror, and holding a position of public office of trust or profit. 

If you have 2 or more felony convictions, you can apply to restore your civil rights after completing your probation or after two years of your absolute discharge as long as all your fines and restitution have been paid. You’ll need to fill out the required form and turn it in to the courts for consideration.

Sealing Your Criminal Record in Arizona

Arizona also allows those convicted of certain crimes to seal their record. This is different from setting aside charges because you don’t have to disclose that conviction on any application, test, or other document. It provides more opportunity for crucial rights like employment, housing, gun ownership, etc.

You can find information on record sealing in A.R.S 13-911

Here are some of the requirements for eligibility: 

  • Must have completed all terms and conditions of your sentence, including paying all fines and finishing probation. 
  • Must wait the eligibility period based on the class of your charge. 
  1. Class 2 or 3 Felony - 10 years before eligible
  2. Class 4, 5, or 6 Felony - 5 years before eligible
  3. Class 1 Misdemeanor - 3 years before eligible 
  4. Class 2 or 3 Misdemeanor - 2 years before eligible 

Some convictions that don’t qualify for record sealing include the following: 

  • Offenses of dangerous nature under A.R.S 13-704
  • Dangerous crimes against children under A.R.S 13-705
  • Violent or aggravated offenses under A.R.S 13-706
  • Offenses involving a deadly weapon
  • Offenses involving infliction of serious injury
  • Sex trafficking and crimes involving sexual offenses or exploitation against children

If you qualify and decide to apply to seal your record, the court must wait 30 days after receiving the application. They’ll spend this time fulfilling obligations like notifying the prosecutor, allowing victims to respond, handling any hearings due to objections, and more. 

If the court approves your application, here are a few things to consider: 

  • Google and online platforms aren’t required to erase the history of your conviction, if it made it onto an online news platform.
  • Certain people will still have access to your record, some of these including: 
  1. Law Enforcement 
  2. Prosecutors
  3. The victim of the crime
  4. The court 
  5. DCS 
  6. Juvenile corrections
  7. DOC
  8. Clerks of the court 

It can be extremely beneficial to seal your record and reinstate some of your most crucial freedoms. Working with an experienced attorney can ensure you don’t miss any important steps in the process. 

CASE RESULTS

First Degree Murder

Case Result:
Acquitted at Trial

Molestation Charges

Case Result:
Charges Dismissed

False Abuse Charges

Case Result:
Charges Dismissed

Stealing Accusations

Case Result:
Acquitted at Trial
Why Clients Choose Us
Experienced
Experienced
Knowledgeable
Knowledgeable
Patient
Patient
Sympathetic
Sympathetic
Attentiveness
Attentiveness
Professional
Professional
Work with an Experienced Set Aside/Record Sealing Attorney in Arizona

A previous conviction can present several barriers to those living in Arizona. It makes finding a job, getting housing, and other everyday tasks much more difficult. 

At Molnar Law Office, we can help you apply to set aside your charge or seal your record. This allows you to reinstate the civil rights you deserve. 

If you or a loved one wants to explore the options for setting aside or sealing a record, contact us today to schedule a free case evaluation. Our goal with the case evaluation is to help you understand if you qualify to set aside or seal your record and explain what your next steps need to be. Our firm serves the areas of Tucson, Oro Valley, Marana, South Tucson, Green Valley and other areas around Pima County. We can also serve those who live in Nogales, Rio Rico and other areas in Santa Cruz County.

Need Help?
Free Consultation:
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Molnar Law Office's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Address
319 W Simpson St
Tucson, AZ 85701
Copyright © 2024 Molnar Law Office. All Rights Reserved.
Designed by:
Lab Coat Marketing