Expungement Attorney in Scottsdale, Arizona – Scottsdale 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 Scottsdale, 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 Scottsdale, 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 ScottsdaleScottsdale (O\'odham Vaṣai S-vaṣonĭ; Yaqui Eskatel) is a city in the eastern part of Maricopa County, Arizona, United States, adjacent to the Greater Phoenix Area. According to the U.S. Census Bureau, as of 2010 the population of the city was 217,385. The 2013 Population is estimated to be of about 223,789 people living within the city, The New York Times described downtown Scottsdale as "a desert version of Miami\'s South Beach" and as having "plenty of late night partying and a buzzing hotel scene". It\'s slogan is, "The West\'s Most Western Town". Scottsdale, 31 miles long and 11.4 miles wide at its widest point, shares boundaries with many other municipalities and entities. On the west, Scottsdale is bordered by Phoenix, Paradise Valley, and unincorporated Maricopa County land. Carefree is also located along the eastern boundary, as well as sharing Scottsdale's northern boundary with the Tonto National Forest. To the south Scottsdale is bordered by Tempe. The southern boundary is also occupied by the Salt River Pima-Maricopa Indian Community, which also extends along the Eastern boundary, which also borders Fountain Hills, the McDowell Mountain Regional Park and more unincorporated Maricopa County land. Before European settlement, Scottsdale was a Pima village known as Vaṣai S-vaṣonĭ, meaning "rotting hay." Some Pima remained in their original homes well into the 20th century. For example, until the late 1960s, there was a still-occupied traditional dwelling on the southeast corner of Indian Bend Road and Hayden Road. Currently, those Pima who live within Scottsdale reside in newer homes rather than traditional dwellings. Many Pima and Maricopa people continue to reside on the Salt River Pima-Maricopa Indian Community, which borders Scottsdale directly to the south and east. From its official incorporation in 1951 with a population of 2000, the city of Scottsdale has grown to a 2010 Census of 217,385. It is now the state's sixth-largest city. Scottsdale is commonly defined by its high quality of life, and in 1993 was named the "Most Livable City", in the United States by the United States Conference of Mayors. It is continually ranked as one of the premier golf and resort destinations in the world, with a sizable portion of tax revenue being derived from tourism. It is also home to the Phoenix Open Golf Tournament held at the Tournament Players Club every year and the Barrett-Jackson car show held at WestWorld. The city is located in the Salt River Valley, or the, "Valley of the Sun", in the northern reaches of the Sonoran Desert. Scottsdale, 31 miles long and 11.4 miles wide at its widest point, shares boundaries with many other municipalities and entities. On the west, Scottsdale is bordered by Phoenix, Paradise Valley, and unincorporated Maricopa County land. Carefree is also located along the eastern boundary, as well as sharing Scottsdale's northern boundary with the Tonto National Forest. To the south Scottsdale is bordered by Tempe. The southern boundary is also occupied by the Salt River Pima-Maricopa Indian Community, which also extends along the Eastern boundary, which also borders Fountain Hills, the McDowell Mountain Regional Park and more unincorporated Maricopa County land. The tourism industry is Scottsdale's primary employer, accounting for 39% of the city's workforce. In 2005, Scottsdale attracted over 7.5 million visitors to the city, providing an economic impact of over $3.1 billion. The city of Scottsdale by itself is home to more than 70 resorts and hotels, boasting over 15,000 hotel rooms. This large hospitality market primarily caters to a higher-end, white-collar demographic. In 2005, the city's annual Scottsdale Arts Festival was ranked the number-one such event in United States by American Style Magazine. Perhaps the most famous present-day "cowboy" event is the Scottsdale Jaycees Parada del Sol, an annual month-long event that has been held in Scottsdale since 1954. Originally named The Sunshine Festival, the PRCA Rodeo was added in 1956. Cowboys and cowgirls from across the nation converge in Scottsdale to participate in this cultural and historical event. The event begins each year with the Parada del Sol Parade, the world's largest horse-drawn parade with over 150 entries in any given year. In what is considered to be the longest continually running festival of its kind in the nation, the Scottsdale Culinary Festival is held annually during April. Though many of its individual events are held city-wide, they concentrate in the downtown area. Entirely, it is estimated that the week-long festival draws over 40,000 people. The most heavily attended such event is the festival's Great Arizona Picnic, an outdoor fair-like showcase of both well-known local and national chefs and restaurants. It is held on the lawn of the Scottsdale Civic Center Mall. Named by The New York Times as one of the "hippest and most happening" places in the country, Scottsdale is home to a variety of high-end nightclubs, restaurants, hotels, lounges and bars. Over the past decade in particular, these establishments have grown in great numbers, many catering to a more "young, fashion-conscious crowd." This is evident by the growing number of trendy, style-conscious hotels that have opened up throughout Downtown Scottsdale which equally cater to the nightlife crowds. Most notably, the Morgan Hotel Group's all-white Mondrian Hotel, the FireSky Resort & Spa, the independent mid-century Hotel Valley Ho and the W Hotel. more ... |
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