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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to know which forms to file to get old misdemeanor charges

Resolved Question:

I need to know which forms to file to get old misdemeanor charges expunged from my record.... Charges occured in Tucson, Arizona.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

Arizona has a liberal approach to expungement and does allow some misdemeanors to be expunged, but only if you received a referral of no further action, placement in community programs, or an adjudication of delinquency. If this was a straight conviction, then it is not eligible for expungement.

Assuming this falls under one of the listed conditions where it can be expunged, you can file for it. However, there is no "form." This is a Petition, and has to be drafted by an attorney. There are no sample petitions online for AZ that I can find, I am afraid.

Finally, if this was a straight conviction, you have to have it pardoned first:

http://www.azboec.gov/

If pardoned, then it can be expunged, but pardons are generally not successful.

While the legal system tries to be inclusive of every possibility, sometimes people are morally wronged but have limited avenues to seek relief. Please understand that this is not the expert’s fault. I am sure that you prefer that I tell you the truth rather than tell you what you want to hear. Please do not “shoot the messenger.” This medium of communication may not always effectively express emotion but do know that I understand that this may not be easy to hear and I empathize.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 3 years ago.

The website for the Board of Clemency only mentions the pardon being applicable to felonies. Am I to contact them anyways?

 

Also, where do 'failure to appear' misdemeanors fall, as far as eligibility for dismissal/expungement?

Expert:  Ely replied 3 years ago.
Hellom,

Yes, you can. You can request a pardon for any criminal conviction.

Also, where do 'failure to appear' misdemeanors fall, as far as eligibility for dismissal/expungement?

Fialure to appear is not a charge, but a warrant on a charge that you had. In any case, the matter had to have been deferred or dropped to be eligible. A conviction - straight conviction - is not eligible for automatic expungement, I am sorry.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89141
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

I do intend on accepting but have to first confirm the validity of your answer and that it will lead in the direction that I need to go, even if that's knowing that there's nothing that can be done.

 

Acceptance of your answer is not contigent upon getting the charges pardoned; I just need to contact the Boad of Clemency and ensure that I am barking up the right tree.

 

thanks.

Expert:  Ely replied 3 years ago.
Hello,

No problem whatsoever. Take your time.

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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.