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I had gotten arrested but not charged in 2011. almost 7

I had gotten arrested...

I had gotten arrested but not charged in 2011. almost 7 years has went by and nothing. is there a way to make sure they cannot bring up charges. i dont want this hanging over my head. i paid another law firm $3000.00 to get a paper from the courts saying there were no pending charges etc. i did this so i could get state housing. which i didnt actually need. i also found out i could of paid $20.00 to get the same paper.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Arizona, 2011

Lawyer's Assistant: Have you talked to a lawyer yet?

Not recently. when i did have that law firm they said they would keep an eye on it

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Answered in 2 minutes by:
3/9/2018
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,597
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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There are statute of limitations that restrict the amount of time a preosecutor's office has for filing a criminal charge against you.

The statute of limitations varies based on the offense. What was your arrest for?

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Customer reply replied 1 month ago
it was a long time ago but drugs and drug paraohanlia
Customer reply replied 1 month ago
sorry bad spelling
Customer reply replied 1 month ago
i have passed other backgrounds, like to get my current job which i got a promotion so they had to do another one. it has never came up. i just feel its hanging over my head
Customer reply replied 1 month ago
are you still here?

Yes, thanks for the additional information. Give me just a few minutes to finish typing up some information for you, thanks!

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These would have been misdemeanor offenses, unless there was a large amount of drugs, or depending on the scheduled class of drugs.

For a misdemeanor offense, the statute of limitations for filing that charge in AZ is 1 year from the date of the alleged incident.

For a felony offense, the statute of limitations for filing that charge in AZ is 7 years from the date of the alleged incident.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
i already knew this information thank you. this was in my intial question. how do i take care of it?
Customer reply replied 1 month ago
i cant even find the case

There's not any way to "take care of it", fortunately it's simply a matter of knowing the statute of limitations has run, and there is now no way for the prosecutor's office to file charges against you.

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Are you referring to having the record of the arrest expunged?

Unfortunately if there were never criminal charges filed, then there is no way to expunge or seal just an arrest record. Expungement laws apply to criminal charges, which in your case there were none.

I hope that helps clarify! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 1 month ago
i just found the papers from the lawyer. it states that he requested a copy of the vacating order. one paper says no complaint filed

Yes that may be from arraignment.

Arriagnment is usually the first scheduled court hearing, and is when the prosecutor states on the record whether they will be filing charges against you, and if so, what those charges are.

The prosecutor can also choose not to file charges, which would also be announced at arraignment, if there was not a prima facie case that the alleged crime had been committed.

I hope that helps!

Don't forget to rate, thanks!

Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,597
Experience: Managing Attorney at a Law Firm
Verified
Nisha Jones, Esq. and 87 other Criminal Law Specialists are ready to help you
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If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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Nisha Jones, Esq.
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