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Attorney & Mediator
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Category: Criminal Law
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I was arrested for shoplifting(about $140), a first ...

Resolved Question:

I was arrested for shoplifting(about $140), a first offense. Is there anyway to not get a permanent criminal record?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 9 years ago.
In Arizona the only way to avoid the criminal record is to be acquitted of the offense.

In Arizona expungement of criminal records are only limited to the following under the law:

Ariz. Rev. Stat. Ann. 13-921

In Arizona the only available expungement is limited to the following:

If defendant was under age 18 when the offense was committed and was placed on probation, the court may expunge defendants record if defendant has successfully completed the terms and conditions of probation.


Arizona also offers you the opportunity to set aside the conviction, but that will not avoid having a permanent record on file.


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

A. Except as provided in subsection B of this section, every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, 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. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307 or 28-3308, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the judgment of guilt had not been set aside.

B. This section does not apply to a person convicted of a criminal offense:

1. Involving the infliction of serious physical injury.

2. Involving the use or exhibition of a deadly weapon or dangerous instrument.

3. In violation of chapter 14 of this title.

4. In which the victim is a minor under fifteen years of age.

5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.



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