Expungement Attorney in Phoenix, Arizona – Phoenix 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 Phoenix, 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:

• Drug possession and other drug related crimes
• Marijuana possession
• Domestic violence
• Theft
• Burglary
• Robbery
• DUI, DWI, driving under the influence of alcohol or drugs
• Prostitution & Sex Crimes
• Indecent exposure
• Stolen property offenses, petty theft, shoplifting
• Assault, assault with a deadly weapon, battery
• And much more... Please call 1-888-754-9877 to find out if you qualify.

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:

• Misdemeanor Expungement

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.

• Felony Expungement

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.

• Early Probation Termination

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.

• Reducing Your Felony to a Misdemeanor

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.

• Record Sealing

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 Phoenix, 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 Phoenix

Phoenix (/ˈfiːnɪks/ fee-niks; O'odham: S-ki:kigk; Yavapai: Wathinka or Wakatehe; Western Apache: Fiinigis; Navajo: Hoozdoh; Mojave: Hachpa 'Anya Nyava) is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populous city nationally, after (in order) New York, Los Angeles, Chicago, Houston, and Philadelphia. Phoenix is also the most populous state capital in the United States. Phoenix is home to 1,445,632 people according to the 2010 U.S. Census Bureau data.

It is the anchor of the Phoenix metropolitan area (also known as the Valley of the Sun) and is the 12th largest metro area by population in the United States with about 4.2 million people in 2010. In addition, Phoenix is the county seat of Maricopa County and is one of the largest cities in the United States by land area.

Phoenix was incorporated as a city in 1881, after being founded in 1861 near the Salt River close to its confluence with the Gila River. The city has a notable and famous political culture and has been home to numerous influential American politicians, including Barry Goldwater, William Rehnquist, John McCain, Carl Hayden, and Sandra Day O'Connor. Residents of the city are known as Phoenicians.

Located in the northeastern reaches of the Sonoran Desert, Phoenix has a subtropical desert climate.

The history of Phoenix as a city begins with Jack Swilling, a Confederate veteran of the American Civil War (1861–1865), who came west to seek wealth in the 1850s, and worked primarily in Wickenburg. On an outing in 1867, he stopped to rest at the foot of the White Tank Mountains, observed the abandoned river valley, and considered its potential for farming, much like that already cultivated by the military further east, near Fort McDowell. The terrain and climate were optimal; only a regular source of water was necessary. The existence of the old Hohokam ruins, showing clear paths for canals, made Swilling imagine new possibilities. He had a series of canals built, which followed those of the ancient Native American system.

A small community formed that same year about 4 miles (6 km) east of the present city. It was first called Pumpkinville, due to the large pumpkins that flourished in fields along the canals. Later it was called Swilling's Mill in his honor, though later renamed Helling Mill, Mill City, and finally, East Phoenix. Swilling, a former Confederate soldier, wanted to name the city "Stonewall", after General Stonewall Jackson. Others suggested the name "Salina". Neither name, however, was supported by the community. Finally, Lord Darrell Duppa suggested the name "Phoenix", as it described a city born from the ruins of a former civilization.

By 1881, Phoenix had outgrown its original townsite-commissioner form of government. The 11th Territorial Legislature passed "The Phoenix Charter Bill", incorporating Phoenix and providing for a mayor-council government. The bill was signed by Governor John C. Fremont on February 25, 1881. Phoenix was incorporated with a population of approximately 2,500, and on May 3, 1881, Phoenix held its first city election. Judge John T. Alsap defeated James D. Monihon, 127 to 107, to become the city's first mayor.

The Phoenix area is surrounded by the McDowell Mountains to the northeast, the White Tank Mountains to the west, the Superstition Mountains far to the east, and the Sierra Estrella to the southwest. Within the city are the Phoenix Mountains and South Mountains. Current development (as of 2005) is pushing beyond the geographic boundaries to the north and west, and south through Pinal County. According to the United States Census Bureau, the city has a total area of 517.9 square miles (1,341 km2); 516.7 square miles (1,338 km2) of it is land and 1.2 square miles (0.6 km², or 0.2%) of it is water.

As with most of Arizona, Phoenix does not observe daylight saving time. In 1973, Gov. Jack Williams argued to the US Congress that energy use would increase in the evening, as refrigeration units were not used as often in the morning on standard time. He went on to say that energy use would rise "because there would be more lights on in the early morning." He was also concerned about children going to school in the dark, which indeed they were. The exception to this are lands of the Navajo Nation in Northeastern Arizona, which observe daylight saving time in conjunction with the rest of their tribal lands in other states.

Phoenix is currently home to four Fortune 500 companies: electronics corporation Avnet, mining company Freeport-McMoRan, retailer PetSmart and waste hauler Republic Services. Honeywell's Aerospace division is headquartered in Phoenix, and the valley hosts many of their avionics and mechanical facilities. Intel has one of their largest sites here, employing about 10,000 employees and 7 chip manufacturing fabs, including the $3 billion state-of-the-art 300 mm and 45 nm Fab 32.

Phoenix has long been renowned for authentic Mexican food, thanks to both the large Hispanic population and proximity to Mexico. But the recent population boom has brought people from all over the nation, and to a lesser extent from other countries, and has since influenced the local cuisine. International food, such as Korean, Brazilian, and French, has become more common throughout the valley in recent years. However, Mexican food is still the most popular food, with Mexican restaurants found all over the area.