Rights Restoration

SEALING YOUR CRIMINAL RECORDS

Arizona now allows for arrests, charges, adjudications and convictions of most criminal offenses to be sealed. Once sealed, you would not have to disclose any information about your arrest and/or conviction on applications for employment, loans, housing, or financial aid. There are some exceptions to this non-disclosure and not all criminal records are eligible to be sealed. For a conviction, there is a waiting period from the time you completed your sentence to when you can ask the court to seal your records. If you make a mistake on your application and it is denied, you will be subject to an additional waiting period before you can re-request the sealing of your records. Save yourself time, money and anxiety by calling The McDonald Law Firm, P.C. to see what we can do for you.

SETTING ASIDE A CONVICTION

SETTING ASIDE A CONVICTION

If you have been convicted of an offense after a trial or following a plea of guilty, most times you can ask the court to set aside the conviction once your sentence is complete. The following convictions cannot be set aside.

A dangerous offense; or
A sex offense for which the person is required or ordered by the court to register pursuant to Arizona Revised Statutes (A.R.S.) § 13-3821; or
An offense for which there has been a finding of sexual motivation pursuant to § 13-118; or
A felony offense in which the victim is a minor under fifteen years of age.

If the judge sets aside the judgment of guilt, the complaint, information, or indictment is dismissed, and you are released from all penalties and disabilities resulting from the conviction except for certain issues with the Arizona Department of Transportation and the Arizona Game and Fish Commission.

A set aside does not erase the conviction from your record. But your record will read that the conviction was set aside.
A set aside means that you can answer “No” to a direct inquiry of whether you have ever been convicted. But you must answer “no, the conviction was set aside.”
A set aside does not prevent the State from using the conviction in any subsequent criminal proceeding.

CERTIFICATE OF SECOND CHANCE INFORMATION SHEET

WHO CAN APPLY FOR A CERTIFICATE OF SECOND CHANCE?

To qualify, the court must first grant an application to set aside the judgment of guilt. Once qualified, any person convicted of a misdemeanor that has not previously received a certificate of second chance may apply. Arizona Revised Statutes (A.R.S.) § 13-905(K).

WHAT DOES IT MEAN TO HAVE A CERTIFICATE OF SECOND CHANCE?

If the judge issues a certificate of second chance, it:

Unless specifically excluded by A.R.S. § 13-905, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified.
Provides an employer of the person with all of the protections that are provided pursuant to A.R.S. § 12-558.03.
Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to A.R.S. § 12-558.03(B).

RESTORE CIVIL RIGHTS

With all felony convictions you will lose several civil rights. These include the right to vote, your right to hold most public offices, your right to hold certain jobs, your right to serve on a jury, etc. A felony conviction could also impact your ability to secure licensing and certifications for work and could influence your ability to live in certain places. Alfred McDonald can assist you in restoring these rights that you lost with a felony conviction. Give him a call to have him do that for you and your family.

RESTORE GUN RIGHTS

Unless you were convicted of a “dangerous offense” under Arizona Revised Statutes 13-704, Arizona has provisions on getting your right to own and possess firearms restored. In some cases, it may be automatically restored upon setting aside your convictions. In other cases, you may have to wait two to ten years after the completion of your sentence. If you want to know more, call The McDonald Law Firm, P.C. to get help navigating these laws.

EXPUNGEMENT OF MARIJUANA ARRESTS AND CONVICTIONS

Although Arizona currently does not allow for expungement of criminal convictions for most crimes, there is one exception on the books so far. Pursuant to Arizona Revised Statute 36-2862, some marijuana related arrests, adjudications, or convictions can be expunged (completely removed from your record). Expugement is available for the following violations:

Possessing, consuming or transporting two and one-half ounces or less of marijuana,
Possessing, transporting, cultivating or processing not more than six marijuana plants at the individual’s primary residence for personal use, and
Possessing, using or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana.

This means your arrest records, convictions and sentences for these violations can all be permanently removed from your criminal background.

JUVENILE RIGHTS TO SET ASIDE OR DESTROY RECORDS

Most juvenile offense convictions, not involving a weapon or serious physical injury, can be set aside. This means you are relieved of any of the punishment or disabilities arising out of that conviction. Once a conviction has been set aside, it also allows you to say “No, it has been set aside.” when you are asked about prior convictions. This will help tremendously in future job applications, academic endeavors, housing applications, business licensing, etc. If you are over the age of 18, have not been convicted of an adult offense, and do not have any pending criminal cases, Alfred McDonald can assist you in getting your juvenile record set aside.

In addition, some juvenile records can be completely destroyed. Once you turn 18 and have not been convicted of any adult offenses, destruction of your records may be an option for you. Some more serious offenses require that you wait until you turn 25 before you can destroy your juvenile record. Destruction of records would ensure that your convictions are wiped off your record. If you are curious and want to know more, give Alfred McDonald a call.