Expungement Attorney in Wickenburg, Arizona – Wickenburg 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 Wickenburg, 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 Wickenburg, 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 WickenburgWickenburg is a town primarily located in Maricopa County, Arizona, United States, with a portion in neighboring Yavapai County. According to the 2010 U.S. Census, the population of the town is 6,363. The Wickenburg area with much of the Southwest became part of the United States by the 1848 treaty that ended the Mexican-American War. The first extensive survey was conducted by Gila Rangers who were pursuing hostile Indians who had raided the Butterfield Overland Mail route and attacked miners at Gila City. Ranchers and farmers soon built homes along the fertile plain of the Hassayampa River. Together with the miners, they found the town of Wickenburg in 1863. Wickenburg was also the home of Jack Swilling, a prospector prospected in the Salt River Valley in 1867. Swilling conducted irrigation efforts in that area and helped gound the city of Phoenix, Arizona. In 1872, in response to the assassination of friendly Yavapai chiefs, the take-over of the entire Yavapai nation and its reservation by hostile elements, and with most of the American area under continual penetrating raids by Yavapai warrior bands, General George Crook began an all-out campaign against the Yavapai, with the aim of forcing the insurgent Yavapai warrior bands into a decisive battle and the removal of Yavapai settlers from American territory. After several months of forced marches, feints, and pitched skirmishes by combined Arizona territorial militia and US Army Cavalry, Crook forced the Yavapai bands into a single decisive battle. In December 1872, the Battle of Salt River Canyon in the Superstition Mountains decisively routed the Yavapai, and within a year most Yavapai resistance was crushed. The infant town of Wickenburg went through many trials and tribulations in its first decades, surviving the Indian Wars including repeating Indian raids, outlaws, mine closures, drought, and a disastrous flood in 1890 when the Walnut Creek Dam burst, killing nearly 70 residents. In spite of such challenging circumstances, the town continued to grow. Its prosperity was ensured with the coming of the railroad in 1895. In those years, the town had even once been viewed as a possible candidate for territorial capital. The historic train depot today houses the Wickenburg Chamber of Commerce and Visitor's Center. As of 2007, however, only freight trains pass through Wickenburg; passenger trains ended their runs in the 1960s. Along the town's main historic district, early businesses built many structures that still form Wickenburg's downtown area. The abundant clean air and wide-open spaces attracted new residents. Guest ranches offered a unique experience to tourists who fell in love with the West. The Garden of Allah became the first true guest ranch in 1913, followed by Remuda, Kay El Bar, Rancho de los Caballeros, and Flying E ranches, just to mention a few. The construction of the Phoenix to California highway (U.S. Highway 60) brought even more tourists, making Wickenburg the Dude Ranch Capital of the World. As of 2007, some of these ranches still offer their hospitality. Rancho de los Caballeros is now a golf resort, while Remuda has been converted into the nation's largest eating disorder treatment facility and is now Wickenburg's largest employer. The Hassayampa community became a vital contributor to the US effort during World War II when the Army trained thousands of men to fly gliders at a newly constructed airfield west of Wickenburg. After the war, modern pioneers and home builders developed Wickenburg into a typical American community. more ... |
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