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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16619
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I got a ticket for shooting a quarter mile away from a residence

Resolved Question:

I got a ticket for shooting a quarter mile away from a residence from a game and fish warden while dove hunting. The fact is, I got a ticket for picking up a game dove within a quarter mile of a house. I now have a misdemeanor on my record and I would like to get it off my record. What are my options?

Thank you,
XXXXX XXXXX
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

Unfortunately, Arizona will not expunge a conviction, which is the only way to erase your criminal record.. They will, however, set it aside. A set-aside would not keep the offense off of your record. It would however, show as a dismissal, which is certainly an improvement and should be helpful on the employment front.

The law reads as follows:

13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions

A. Except as otherwise provided in this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

A set aside would give you the right to say that you have no criminal convictions on your record.

A set aside requires a petition to the court and would probably be best drafted by a lawyer. There are lawyers who specialize in pardons, expungements and restoration of gun rights. You could find one on a legal referral service such as Martindale.com or by calliing the Arizona State Bar Association's Lawyer Referral Service.

On the other hand, lawyers are not required for this process, but there are no free forms on line for you to work from. If you're looking to do this for yourself you might check with the clerk of the court where you were convicted, to see if they have forms for the set aside.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16619
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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