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lwpat, Criminal Lawyer
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Experience:  Practicing criminal defense attorney
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Is a judgement set-aside the same as an expongement in the

Resolved Question:

Is a judgement set-aside the same as an expongement in the State of Arizona. If not, is there a way to get something exponged in Arizona?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  lwpat replied 5 years ago.
Are you talking about a criminal or civil case? If it is criminal EXACTLY what happened in court? I need the details.
Customer: replied 5 years ago.
Criminal case-where two felonies were pled to a single misdemeanor. Sentence was to pay nominal fine and complete one-year of summary probation. Upon successful completion of probation judgement was to be set-aside by orginal order.

The problem is that the charging information is still available and the resolution is not due to a records issue. Makes it look a lot worse than actually was and has repeatedly caused employment issues.
Expert:  lwpat replied 5 years ago.

Here is the website about expungement

 

http://www.azdps.gov/reports/criminalhistory/faq/default.asp#16

 

There is no provision in Arizona law allowing for an expungement but you can try to get the record corrected.

 

 

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!!

 

Here is the information on the set aside. The way I read it you have to go back to court and request the set aside, it is not automatic.

 

http://www.azdps.gov/reports/criminalhistory/faq/courtorder.asp

 

 

Customer: replied 5 years ago.
As I read 907 that when the judgement was set aside the question of guilt was over ridden (set aside) and the charge was dismissed. Does that mean that the orginal two felonies were also dismissed and if so should they be removed from my criminal history or am I stuck with the charges.
Expert:  lwpat replied 5 years ago.

You need to contact the court to see exactly what was entered. Then you can order your records

 

http://www.azdps.gov/reports/criminalhistory/recordreview/

 

  • After receipt of the results from your record review, if you feel that your record is inaccurate or incomplete:
    • You can challenge your criminal record by completing the "Review and Challenge of Arizona Criminal History Record Information" form which will be mailed to you with the results of the record review.
    • Complete the Review and Challenge form and mail it to the Criminal History Records Section at the address listed on the Review and Challenge Form.
  • The Central State Repository will audit the information you have indicated as being either inaccurate or incomplete by:
    • Contacting the criminal justice agency within Arizona that provided the information to the Central State Repository in order to verify the data.
    • If a correction is necessary:
      • The Central State Repository will update/modify your criminal record and notify the FBI of any modifications.
      • The written audit result will be mailed to you with a copy of your updated record.
      • You should receive a response within 15 days of your request.
    lwpat, Criminal Lawyer
    Category: Criminal Law
    Satisfied Customers: 25384
    Experience: Practicing criminal defense attorney
    lwpat and 4 other Criminal Law Specialists are ready to help you

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