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Sealed or expunged?
- Thread starter meddjay
- Start date
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R
Rowbear
Guest
If you were not charged with a crime than there is nothing for anyone to see or for anything to be expunged
R
Rowbear
Guest
Wow 99 years you've got a long wait until you can get some legit work. But all kidding aside it was probably for the best, I don't think the jerk who fire you was worth working for. You will make a valuable employee for the right company. Keep trying and you will find a match. Don't worry about any public records that others may draw conclusions from, they don't prove anything. Prove yourself through hard work and good ideas.
You are correct... and Rowbear was incorrect. A criminal background check will show an arrest and will also show convictions. And it will last forever, unless expunged (or set-aside).
There are statutes on setting-aside a record. The first applies to only arrests with no conviction and the second applies to convictions.
Arrest only:
ARS §13-4051:
"Entry on records; stipulation; court order
A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.
B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court.
C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure."
Source: http://www.azleg.state.az.us/ars/13/04051.htm
Conviction:
ARS §13-907:
"Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions.
A. Except as provided in Subsection B of this section, every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307 or 28-3308, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the judgment of guilt had not been set aside.
B. This section does not apply to a person convicted of a criminal offense:
1. Involving the infliction of serious physical injury.
2. Involving the use or exhibition of a deadly weapon or dangerous instrument.
3. For which the person is required or ordered by the court to register pursuant to section 13-3821.
4. For which there has been a finding of sexual motivation pursuant to section 13-118.
5. In which the victim is a minor under fifteen years of age.
6. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or Title 28, Chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693."
Source: http://www.azleg.state.az.us/ars/13/00907.htm
Also of interest:
http://www.dps.state.az.us/cjsd/criminalinfosvc/courtorder.htm
There are statutes on setting-aside a record. The first applies to only arrests with no conviction and the second applies to convictions.
Arrest only:
ARS §13-4051:
"Entry on records; stipulation; court order
A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.
B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court.
C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure."
Source: http://www.azleg.state.az.us/ars/13/04051.htm
Conviction:
ARS §13-907:
"Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions.
A. Except as provided in Subsection B of this section, every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307 or 28-3308, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the judgment of guilt had not been set aside.
B. This section does not apply to a person convicted of a criminal offense:
1. Involving the infliction of serious physical injury.
2. Involving the use or exhibition of a deadly weapon or dangerous instrument.
3. For which the person is required or ordered by the court to register pursuant to section 13-3821.
4. For which there has been a finding of sexual motivation pursuant to section 13-118.
5. In which the victim is a minor under fifteen years of age.
6. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or Title 28, Chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693."
Source: http://www.azleg.state.az.us/ars/13/00907.htm
Also of interest:
http://www.dps.state.az.us/cjsd/criminalinfosvc/courtorder.htm
Last edited:
R
Rowbear
Guest
Jetx your the Man
Great information, this is will be important if someone searches for expunged. If judge orders a conviction set aside does that mean the state will automatically remove the record or must the petitioner ask for it to be set aside and expunged?
Great information, this is will be important if someone searches for expunged. If judge orders a conviction set aside does that mean the state will automatically remove the record or must the petitioner ask for it to be set aside and expunged?
"If judge orders a conviction set aside does that mean the state will automatically remove the record or must the petitioner ask for it to be set aside and expunged?"
*** Your post is confusing. Why would a judge order a set aside, if it wasn't asked for??
As noted in the statute, "every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside." Seems pretty clear to me.
*** Your post is confusing. Why would a judge order a set aside, if it wasn't asked for??
As noted in the statute, "every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside." Seems pretty clear to me.
R
Rowbear
Guest
My question involves the reason why this thread was started. The original poster is concerned about his public record and not whether he must serve any jail time or faces other punishment. The remarks in the public record has denied him life, liberty and the pursued of happiness (or in this case a job). So having a judge declare a conviction set aside may not automatically cause the record keepers to remove the record from the public eye! It may only give him a piece of paper that has a judges declaration and signature that the records are expunged or cleared. So if an employer who fires a person for the reason specified in the public record that person can produce a paper that says, "It isn't so!". So that person may have to maintain this piece of paper for 99 years.
"The original poster is concerned about his public record and not whether he must serve any jail time or faces other punishment."
*** I don't see it that way. I think it far more probable that the writer was arrested and, for some reason, the charges were dropped, or not pursued by the prosecutor (and expired by SOL).
"The remarks in the public record has denied him life, liberty and the pursued of happiness (or in this case a job). So having a judge declare a conviction set aside may not automatically cause the record keepers to remove the record from the public eye!"
*** Yes it will. This is covered in subparts (b) and (c) of the referenced statute:
"the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court.
"C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure."
*** I don't see it that way. I think it far more probable that the writer was arrested and, for some reason, the charges were dropped, or not pursued by the prosecutor (and expired by SOL).
"The remarks in the public record has denied him life, liberty and the pursued of happiness (or in this case a job). So having a judge declare a conviction set aside may not automatically cause the record keepers to remove the record from the public eye!"
*** Yes it will. This is covered in subparts (b) and (c) of the referenced statute:
"the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court.
"C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure."
Thank you for your kind words Row, but unfortunately kind words don't pay the rent! Let me answer Stephs question first, then I will also answer the other questions posed by Jet X and Row, but before I do that, I guess I can give you a little more information on this situation.
You did in fact answer my question....kind of. 7 months ago I was hired conditionally by the Federal Government (TSA), with the condition of course being that my background check came back ok. So to answer Stephs question ..yes that is correct they said I did not "disclose" that arrest....BUT AND THIS IS A BIG BUTT...they say I disclosed on that exact same date, that I was arrested for and convicted of traffic stuff, but NOT the ORIGINAL reason I was arrested which would have been completely different set of charges. But like I said I got arrested for but not charged with or convicted of these other offenses, but since I did not list them, they said I did not disclose it. But wait, that's not all....it gets better. Not only did they say I DID list the dates for the traffic offenses, they say I listed two other dates for traffic stuff as well. Well, that's all fine and dandy, but in fact I DID NOT list that date that is in question, and for the other two, I just guessed at those dates. So there is no way in hell, that I could have guessed exactly right two other dates that happened 6 years ago, and I KNOW I didn't list the one that they said I didn't disclose and the reason I know I didn't list it is beacause I thought it had happened longer ago that the required 7 years they check back!!!! So it sounds to me like when they did a check on me, and had to compare it to my application, whomever saw that I had inadvertantly left out the date in question, and they had to write me the letter saying that I was now terminated, didn't even bother to reference my application when they wrote the letter to me. Even though I was fired, the Human Resourse person said I can try sending Washington DC, a letter telling them that at the time when I filled out the application that the company who was hired by the federal goverment to process us, told me not to worry about that date if I thought it was longer than 7 years ago, which in fact DID happen. By the way...thanks for all your help folks answering this for me!
You did in fact answer my question....kind of. 7 months ago I was hired conditionally by the Federal Government (TSA), with the condition of course being that my background check came back ok. So to answer Stephs question ..yes that is correct they said I did not "disclose" that arrest....BUT AND THIS IS A BIG BUTT...they say I disclosed on that exact same date, that I was arrested for and convicted of traffic stuff, but NOT the ORIGINAL reason I was arrested which would have been completely different set of charges. But like I said I got arrested for but not charged with or convicted of these other offenses, but since I did not list them, they said I did not disclose it. But wait, that's not all....it gets better. Not only did they say I DID list the dates for the traffic offenses, they say I listed two other dates for traffic stuff as well. Well, that's all fine and dandy, but in fact I DID NOT list that date that is in question, and for the other two, I just guessed at those dates. So there is no way in hell, that I could have guessed exactly right two other dates that happened 6 years ago, and I KNOW I didn't list the one that they said I didn't disclose and the reason I know I didn't list it is beacause I thought it had happened longer ago that the required 7 years they check back!!!! So it sounds to me like when they did a check on me, and had to compare it to my application, whomever saw that I had inadvertantly left out the date in question, and they had to write me the letter saying that I was now terminated, didn't even bother to reference my application when they wrote the letter to me. Even though I was fired, the Human Resourse person said I can try sending Washington DC, a letter telling them that at the time when I filled out the application that the company who was hired by the federal goverment to process us, told me not to worry about that date if I thought it was longer than 7 years ago, which in fact DID happen. By the way...thanks for all your help folks answering this for me!
Sorry....long winded, but anyway I originally wanted to have that closed because so that this wouldn't happen again over another job or something and because since that is on my record for everyone to see. For example, I know that when someone reads that record they are SUPPOSE to keep reading to see that I was not charged with or convicted of that crime, BUT human nature doesn't work that way. They see what you were arrested for and don't read much further than that. Whether or not it happens to be true. I tried renting an apartment one time and they wouldn't rent to me because of that arrest. If I get pulled over by a cop, he automatically catgorizes me and assumes things about me that aren't true. So so far I have lost a job, not rented an apartment because of and treated rudely and harshly by a cop just because of an arrest that happened over 6 years ago that was dropped because they had no evidence to charge me with or convict me....and rightly so. But that STILL doesn't stop what is happening because they can see my record. So THAT is the original reason I asked the question. Thanks again for all your help! Oh and by the way, in case your wondering the crime is nothing like murder or child abuse or something, a guy I was in a car with years ago had some pot and was carrying a gun but it was my car and I didn't know he had put the gun and the pot in my glove box in front of where he was sitting when we got pulled over. Hell, I didn't even know he had those things....if I knew we were gonna get arrested, I would have eaten the pot at least! I'm kidding, I really didn't know he had those things!
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