If I have a designated felony on my record, how canI get it cleared off?

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If I have a designated felony on my record, how canI get it cleared off?

Can I have it removed or lowered to a misdemeanor? I have completed probation and paid off the fine. Now what law will help me get it cleared enough so that I can get a good job?

Asked on February 5, 2011 under Criminal Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have already been convicted of the felony or pled to the felony (which is the same thing as it brings about the same result) then you can not now try and plead to a lesser offense (which would have been the misdemeanor).  Arizona does allow what is known there as "setting aside a judgement" that in most other states is known as expungement of a criminal record (some states seal rather than expunge).  The Arizona Revised Statutes, Section 13-907 provide the right to have convictions set aside, and the language basically states that any person who was convicted of a crime may petition the court to set aside the judgment after he or she has completed the sentence attached and/or the required probation.  You need to file a petition to do so. It is unclear to me if having a felony matters here, as it does in many states.  So check with a criminal attorney.  Good luck.


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