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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4829
Experience:  Experienced in both state and federal court.
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I live in Arizona and in AUG 2007 i got in a car accident and

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I live in Arizona and in AUG 2007 i got in a car accident and was taken to the hospital, the police officer that responded found marijuana and a pipe in my car. I didnt hear anything from the court until October 2008. I didnt have money for a lawyer so i did what the court appointed lawyer told me to do. That was to plead guilty and the paraphenalia charge was dropped and the possession of marijuana was dropped to a misdemeanor. Now i am an accounting major and i am trying to get internships and having this on my record is really hurting my chances of getting one. Is there any way to get this off my record and anything to do? I have changed so much since then because i was 17 when it happened and it is so frustrating that it follows me around.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

Your best option at this point is to petition the court that sentenced you to set aside your conviction (sometimes called an "expungement").

Customer:

i was told you cant get your record expunged in arizona

TexLawyer :

In order to get your conviction set aside, you (or, more likely, your attorney) files a motion in court asking the judge to set aside your conviction. Since you were convicted of possession of drug paraphenalia you are eligible to have your conviction set aside.

TexLawyer :

Arizona does allow for a person to set aside a drug conviction. Keep in mind, however, that certain types of employers or licensing bodies will still have access to the conviction, but the general public will not.

Customer:

so do i need a lawyer to do this or could i do it myself?

TexLawyer :

Technically, you do not need a lawyer, but I'd reccomend you hire one. It makes the process go much easier and you can be sure that the order to have the conviction set aside is properly served on all the right agencies.

TexLawyer :

With the link below, you can take an eligibility test to make sure you are indeed eligible in Arizona.


http://www.recordgone.com/


 

Customer:

ok do you know roughly how much that would cost to get a lawyer to do it?

TexLawyer :

It really depends on the lawyer, but you can expect to spend in the neighborhood of $500. My advice would be to call several lawyers and go with the cheapest, since it doesn't really take any skill and is just a matter of filing the correct paperwork.

TexLawyer :


Also, keep in mind that law does not require that a conviction be removed from a person’s criminal record. It is required that the record show that the conviction has been set aside. When a conviction is expunged or set aside in Arizona, a records check will probably show the original charge and conviction. However, it should also show that the judgment was vacated and that an order of dismissal was entered.


 

TexLawyer :

This may somewhat reduce the usefulness of having it set aside, but it will allow you to say that you weren't convicted.

TexLawyer :

That is potentially important because many job applications ask if you have ever been convicted of a misdemeanor or felony. If it has been set aside, you can honestly answer that question "no."

Customer:

thats nice but when they look at my background check it will still be there right?

TexLawyer :

Yes, they will see it, but it will say that it was dismissed or vacated.

Customer:

oh ok, would i have been better off getting a lawyer when this happened? like could i have not been charged with anything if i did/

Customer:

and how long will it take from the moment i file till its over?

TexLawyer :

It is really difficult for me to evaluate the strength of your case at this point. That said, you were represented by a lawyer, albeit a court appointed one.

TexLawyer :

A few monts.

Customer:

is there anything that can help me right now?

TexLawyer :

No. The expungement is all you can do.

Customer:

ok well thanks for your help that answered a lot of my questions

TexLawyer :

Glad to help.

TexLawyer :

If there isn't anyhing else I can do for you, please remember to "rate" my answer.

TexLawyer :

Good luck.

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