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Set Aside & Expungement Lawyers in Phoenix, AZ

In Arizona, your past criminal record can prevent you from voting or owning firearms and may even limit school, housing, employment, and volunteer opportunities. A conviction, even years ago, can even come up on any criminal history check, background check or could impact dating relationships and friendships. Fortunately, there is some relief available through the court system currently, and even more, relief is coming on January 1, 2023, thanks to a law passed in 2021.

If you are looking for an attorney for a possible expungement or set aside, for a criminal charge that occurred in Phoenix, Gilbert, Chandler, Mesa, Goodyear, or Scottsdale or anywhere in Arizona, contact the Law Offices of Brandon White, P.C. to discuss your legal matter with one of our restoration of rights lawyers. Our initial case evaluation is free, and our flat fee pricing is affordable.

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Set Aside Conviction Cases We Handle

At the Law Offices of Brandon White, P.C., our expungement law firm handles all types of motions to set aside and applications upon discharge to petition the Courts to request the restoration of civil and firearm rights.

Gun Rights Restoration

The right to possess a gun is suspended with the conviction of a felony (A.R.S. 13-904(A)(5)). If a past conviction is preventing you from owning a gun, it is worth speaking with an Arizona restoration of rights attorney about your options.

Marijuana Expungement

In 2020, the passing of Proposition 207, known as the Smart and Safe Arizona Act, legalized the adult recreational use of marijuana. Additionally, it allowed for legal expungement of several specific marijuana-related offenses.

What Is Set Aside/Expungement Law in Arizona?

States have different terms for legal proceedings. Legal terms that are common in some states may be called something entirely different in another, with slight differentiation in the meaning. For example, what Arizona called an “Order of Protection” or an “Injunction Against Harassment” may be called a Restraining Order in other states. The term “expungement” is sometimes called:

Setting aside a criminal conviction

  • Record clearing
  • Record sealing
  • Record relief. 

If you’d like to research laws in other states, the Restoration of Rights Project (RRP), part of the Collateral Consequences Resource Center, is an excellent resource. 

People desire to clean up their criminal records for many reasons, and a court process allows people to put events in their past behind them. Although, unlike other states, true expungement or complete erasure of criminal records is generally not available in Arizona (although marijuana expungements are available - see below). However, a process is available to clean up your record through the court system (which changed for the benefit of ex-offenders in August 2021). 

In Arizona, you may be able to have a felony or misdemeanor conviction of guilt set aside. When a background check is run, such as for an employer or a landlord, a notation will be made indicating the conviction has been set aside. This is currently the closest thing available to an expungement in Arizona. 

Arizona’s Certificate of Second Chance - A.R.S. 13-905

A new law was signed in 2021, which amended Arizona Revised Statute (A.R.S.) Section 13-905, and allowed courts to issue an order for a “Certificate of Second Chance” for individuals “whose judgment of guilt is set aside” after a criminal conviction. This is additional relief granted in addition to your granted motion to set aside. If you received a set aside before August 2021, you may be eligible to obtain a certificate of second chance separately - the Law Offices of Brandon White, P.C. can help you with that. 

Sealing of Records - A.R.S. 13-911

Beginning January 1, 2023, A.R.S. 13-911 will allow misdemeanors and all but violent and sexual felonies to be sealed after a waiting period ranging from two to ten years after completion of sentence and payment of court debt.

Benefits of Sealing a Criminal Record

In the past, Arizona law has not allowed for records to be sealed. But SB1294, authorized in 2021 and going into effect in 2023, enacted A.R.S. § 13-911. It also authorized the sealing of uncharged arrests and dismissed and acquitted charges for all but Class 1 felonies and certain violent and sexual offenses. There will be no limit to the number of convictions that can be sealed. 

Beginning January 1, 2023, if a person “has not subsequently been convicted of any other offense except a misdemeanor [a traffic violation other than a DUI],” the person may petition the court to seal the record “after the person completes all of the terms and conditions of the person’s sentence, including paying all fines, fees, and restitution that are ordered by the court.” The applicable waiting period will apply based on the time passed since the conviction: 

  • Class 2 and 3 felonies (10 years),
  • Class 4, 5, and 6 felonies (5 years)
  • Class 1 misdemeanor (3 years)
  • Lower-grade misdemeanors (2 years). 

The benefits of a sealed record are additional protection from stigma and discrimination. If your record is sealed, it will not appear on most general background checks done by employers, licensing agencies, or even potential romantic partners (and their relatives). 

Call Record Expungement Attorneys in Chandler for a Consultation

Having a criminal conviction set aside can allow you to move forward in your life. If you’d like to talk with a Phoenix expungement lawyer about your rights and options, call us today at (602) 237-6772.

Who Is Eligible for Set Aside in Arizona?

In order to have a criminal conviction set aside in Arizona, the conviction must have happened in an Arizona court. Conviction from any other state cannot be addressed in Arizona. If your conviction occurred in Arizona, your eligibility to have your conviction set aside under ARS 13-905 depends on:

  • Whether you’ve completed your sentence. 
  • Whether your conviction is eligible or ineligible 
  • Certain factors a judge must consider under ARS 13-905, including the nature and circumstances of the offense and your compliance with conditions of probation and the sentence. 

Note that If your crime included revocation of your driver’s license in Arizona, a set aside will have no effect on your driver’s license. Contact our law firm if you have questions about eligibility. 

The Expungement Process in Phoenix

Under Ariz. Admin. Code § 13-1-102, your criminal record remains attached to you until you are age 99. While we hope everyone achieves that milestone, no one has to wait until age 99 to seek relief. In Arizona, this process is called having a conviction “set aside.” Not every crime is eligible to be set aside in Arizona. Crimes that are not eligible for setting aside include: 

  • Dangerous offenses (offenses involving the discharge, use, or the threat of a deadly weapon or a dangerous instrument, or the intentional or knowing infliction of serious physical injury on another individual.) 
  • Felony offenses involving a victim who was under the age of 15. 
  • Offenses where there was a finding of sexual motivation pursuant to section 13-118 - where the defendant committed the crime for the purposes of sexual gratification. 
  • Sexual offenses where the person is required or ordered by the court to register as a sex offender or for offender monitoring pursuant to section 13-3821.
  • Violations of ARS Title 28, Chapter 3, including aggressive driving, criminal speeding, felony flight, and hit and run.

The restoration of rights is a separate process independent of having a conviction set aside. 

How Chandler Set Aside Lawyers Can Help Clear Your Criminal Record?

The top reasons why people hire a set-aside lawyer include: 

  • Future employment opportunities 
  • Obtaining a professional license in the future 
  • Attending a university, vocational school, or technical school 
  • Getting a student loan 
  • Getting insurance 
  • Adopting a child or becoming a foster parent 
  • Possessing a firearm 
  • Obtaining federal assistance (low-income housing or food stamps) 
  • Volunteering. 

The process of having a conviction set aside can be much easier, faster, and cost-effective if you have a lawyer specializing in convictions set aside representing you.

Let Us Fight For You

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TESTIMONIALS

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I just had a telephone consultation with Mr. White and he took the time to explain to me every option I had to resolve a photo radar ticket I recieved in Mesa. I would not hesitate to recommend him to anyone seeking legal advice. Thanks again Brandon, I appreciate the honesty and clear communication we had.

William - Phoenix, Arizona

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The whole staff at Brandon White is to be commended……They were thorough with my Traffic Case and kept in touch , communicating the possible outcomes and strategies. I would recommend them to anyone that needs legal help in a Traffic Civil or Criminal situation.

Craig D - San Tan Valley, Arizona

5

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Brandon reached out to me without expectations or any obligation to help with an issue I had. I appreciate the genuine kindness. Good stuff.

Joshua O - Flagstaff, Arizona

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The team of Brandon White is a wonderful team. They help my husband a lot and solve all the problems about the traffice case. Every member is so nice and patient. Our English are not good . They explain everything for us and send emails to tell us in detail. I really, really appreciate them and the price is cheap and fine. And no more other fees. Thank you very much!

Qian Z - Scottsdale, Arizona

5

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I’m Extremely satisfied with Brandon white and his team I’m from California and got a traffic ticket in Arizona they took care of everything and were able to get my ticket dismissed Great people and very helpful.

Julio T - Tucson, Arizona

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CONTACT US

Contact Experienced Phoenix Expungement Lawyer Near You Today

We are not just ‘form fillers’ - we are familiar with the legal process and are dedicated to helping our clients put their past behind them. Contact us today to speak with an experienced and knowledgeable Arizona set aside attorney.

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FAQ

How much does an expungement lawyer cost?

The cost of restoration of rights lawyer varies depending on the scope of work and time required to do it. However, most people who have their conviction set aside believe the process to be worth the cost, both in the peace of mind provided and the future opportunities made available, whether it is obtaining a professional license, qualifying for low-income housing, or continuing your education.

Can I expunge my record without a lawyer?

Without an attorney to expunge your criminal record, the process of restoring your rights can be confusing - and your best chance of success is with a knowledgeable record expungement lawyer representing you. With recent changes to Arizona’s changing laws, attempting to have your record set aside without a lawyer may lead to delays and denials before eventually hiring a restoration of rights attorney.

How long does it take to clear my criminal record?

On average, it will take three to four months to get a motion set aside granted in Arizona courts. Although it doesn’t happen overnight, it is worth it! The sooner you get everything filed, the sooner your conviction can be set aside. Contact a criminal expungement attorney at the Law Offices of Brandon White, P.C. today.