Yes, it would show up on a back ground check.
You could have it expunged eventually - but that would only be after you complied with all probation requirements, paid all fines and penalties, and performed whatever amount of mandatory community service.
I understand the anxiety of having this incident show up - but it would if convicted and will remain on your record till expunged.
The law in Arizona uses a different phrase to describe expungement, and it’s known as setting aside a judgment. The Arizona Revised Statutes, Section 13-907 provide the right to have convictions set aside, and the language basically states that any person who was convicted of a crime may petition the court to set aside the judgment after he or she has completed the sentence attached and/or the required probation. This right to pursue an expungement is to be explained to the convicted defendant at the time he or she is discharged from the sentence or probation that was originally required to be completed.
The law in Arizona also sets out several different requirements that must be met in order for a convicted defendant to successfully have a criminal conviction set aside. Before examining a convicted defendant’s potential eligibility for an expungement, it should be noted that there are certain crimes for which a conviction cannot result in the setting aside of the conviction. These crimes include:
- A crime involving the infliction of serious physical injury
- A crime involving the use or exhibition of a deadly weapon
- A crime that was motivated by sexual desires
- Any crime where the victim was younger than 15 years old
- A driving/moving violation while the defendant’s license was suspended or revoked
If a conviction deals with any of these sorts of crimes, an expungement/setting aside of the conviction will not be possible. However, for any others, expungement is achievable, provided that the following requirements are met:
1. The defendant must have met all the requirements set out in the original sentencing after the conviction, including:
- The jail or prison sentence
- Any probationary period
- Any alcohol or substance rehabilitation programs
- Any anger management course completion requirements
2. The defendant cannot have any additional criminal convictions from anywhere between three months and six years from the date of the completion of the original sentence and/or probation that was tied to the original conviction.Please ask for "Law Pro" if you have any further future questions!
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