FAQ: What about my Arizona criminal record?

If you have a criminal record in Arizona you may be wondering “what can I do about it?”

This blog post aims to provide the laws surrounding this topic.

If you don’t already know, Arizona does not seal or expunge a criminal record.

The following Arizona Revised Statutes (ARS) authorize the court to restore civil rights and set aside a judgment of conviction. Arizona Court Rules of Criminal Procedure Rule 29 implements the ARS Title 13 of the Arizona Administrative Code tells Arizona agencies how to administer the ARS.

 Note that the statutes do not authorize the court to seal or expunge a criminal record,  only to set aside the conviction. Criminal records remain public record.

 Arizona Revised Statutes 13-905 to 13-912.01

Double click on the statute number below.

13-904 Suspension of civil rights and occupational disabilities
13-905 Restoration of civil rights; persons completing probation
13-906 Applications by persons discharged from prison
13-907 Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions
13-908 Restoration of civil rights in the discretion of the superior court judge
13-909 Restoration of civil rights; persons completing probation for federal offense
13-910 Applications by persons discharged from federal prison
13-911 Restoration of civil rights in the discretion of the presiding judge of the superior court
13-912 Restoration of civil rights for first offenders; exception
13-912.01 Restoration of civil rights; persons adjudicated delinquent

 

Arizona Rules of Criminal Procedure, Rule 29.

 Restoration of Civil Rights or Vacation of Conviction (Set Aside)

Go to the Arizona Court Rules website and then click on Rules of Criminal Procedure.

Look for the rules listed below.

Rule 29.1. Notice to probationers

Rule 29.2. Application: contents; place of filing and service

Rule 29.3. Hearing date

Rule 29.4. Response by the prosecutor

Rule 29.5. Disposition

 

Arizona Administrative Code

TITLE 13. PUBLIC SAFETY

CHAPTER 1. DEPARTMENT OF PUBLIC SAFETY CRIMINAL IDENTIFICATION SECTIONARTICLE

1. CRIMINAL HISTORY RECORDS  

 

FORMS – Maricopa County Superior Court forms to “Restore Civil Rights (including gun rights) and/or Set Aside a Conviction” can be found at the Clerk of Courts Criminal Forms webpage and forms to Reduce a Class 6 Undesignated Felony to a Misdemeanor can be found at the Superior Court’s  Self Service Center Criminal Forms webpage.

The criminal conviction information needed to complete the court forms can be obtained from the Clerk of Court and the Law Library ICIS computers. Some information needed may be found at the Case/Docket Information page at the Superior Court.

For more information about what a Set Aside and Restoration of Rights is read info at AZLawHelp.org  Setting Aside Convictions and Restoring Civil Rights

The Maricopa County Juvenile Probation office conducts workshops on how to fill out the “Restoration of Rights and Set Aside” forms every few months. You can call the Law Library to find out if there is one scheduled soon. Law Library 602-506-3461.

Record Reviews: Individuals wishing to review their Arizona criminal record must complete a Record Review Packet.

Public Access to Court Information – case look up for many counties in Arizona.

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