Expungement Attorney in Tombstone, Arizona – Tombstone Experienced Lawyers Expunging Your Record If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else. An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future. There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement. Expunging Your Conviction Expungement in Tombstone, Arizona does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required. Some infraction, misdemeanor, felony offenses can be expunged including:
Post-Conviction Relief There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:
Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.
As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.
Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.
In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.
Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under Tombstone, Arizona Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing. Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation. Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed. Contact Us to Get Started An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family. About TombstoneTombstone is a historic western city in Cochise County, Arizona, United States, founded in 1879 by Ed Schieffelin in what was then Pima County, Arizona Territory. It was one of the last wide-open frontier boomtowns in the American Old West. The town prospered from about 1877 to 1890, during which the town's mines produced USD $40 to $85 million in silver bullion, the largest productive silver district in Arizona. Its population grew from 100 to around 14,000 in less than 7 years. It is best known as the site of the Gunfight at the O.K. Corral and draws most of its revenue from tourism. Within two years of its founding, although far distant from any other metropolitan city, Tombstone boasted a bowling alley, four churches, an ice house, a school, two banks, three newspapers, and an ice cream parlor, alongside 110 saloons, 14 gambling halls, and numerous dancing halls and brothels. All of these were situated among and on top of a large number of dirty, hardscrabble mines. The gentlemen and ladies of Tombstone attended operas presented by visiting acting troupes at the Schieffelin Hall opera house, while the miners and cowboys saw shows at the Bird Cage Theatre, "the wildest, wickedest night spot between Basin Street and the Barbary Coast." Under the surface were tensions that grew into deadly conflict. The mining capitalists and townspeople were largely Republicans from the Northern states. Many of the ranchers in the area were Confederate sympathizers and Democrats. The booming city was only 30 miles (48 km) from the U.S./Mexico border and was an open market for beef stolen from ranches in Sonora, Mexico by a loosely organized band of outlaws known as The Cowboys. The Earp brothers—Virgil, Wyatt, Morgan and Warren Earp—arrived in December 1879 and the summer of 1880. They had ongoing conflicts with Ike and Billy Clanton, Frank and Tom McLaury, and other Cowboys members. The Cowboys repeatedly threatened the Earps over many months until the conflict escalated into a confrontation that turned into a shootout, the now-famous Gunfight at the O.K. Corral. In the mid-1880s, the silver mines penetrated the water table and the mining companies made significant investments in specialized pumps. A fire in 1886 destroyed the Grand Central hoist and pumping plant, and it was unprofitable to rebuild the costly pumps. The city nearly became a ghost town only saved from that end because it was the Cochise County seat until 1929. The city's population dwindled to a low of 646 in 1910 but in 2010 the population was 1,380. Mining was an easy task at Tombstone in the early days, ore being rich and close to the surface. One man could pull out ore equal to what three men produced elsewhere. Some residents of Tombstone became quite wealthy and spent considerable money during its boom years. Tombstone's first newspaper, the Nugget, was established in the fall of 1879. The Tombstone Epitaph was founded on May 1, 1880. As the fastest growing boomtown in the American southwest, the silver industry and attendant wealth attracted many professionals and merchants who brought their wives and families. With them came churches and ministers. They brought a Victorian sensibility and became the town's elite. Many citizens of Tombstone dressed well and up-to-date fashion could be seen in this growing mining town. Visitors expressed their amazement at the quality and diversity of products that were readily available in the area. The men who worked the mines were largely European immigrants. The Chinese did the town's laundry and provided other services. The Cowboys ran the countryside and stole cattle from haciendas across the international border in Sonora, Mexico. Currently, tourism and western memorabilia are the main commercial enterprises; a July 2005 CNN article notes that Tombstone receives approximately 450,000 tourist visitors each year. This is about 300 tourists/year for each permanent resident. In contrast to its heyday, when it featured saloons open 24 hours and numerous houses of prostitution, Tombstone is now a staid community with few businesses open late. Tombstone and surrounding areas have a variety of lodging options, restaurants, and attractions. The town is located near other historic sites of interest, including Bisbee and the San Pedro Riparian area. Tombstone is a short drive away from Sierra Vista, which is considered the shopping hub of Cochise County. more ... |
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