Expungement Attorney in Nogales, Arizona – Nogales 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 Nogales, 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 Nogales, 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 NogalesNogales is a city in Santa Cruz County, Arizona, United States. The population was 20,837 at the 2010 census and estimated 20,948 in 2011. Nogales forms part of the larger Tucson-Nogales combined statistical area, with a total population of 1,027,683 as of the 2010 Census.The city is the county seat of Santa Cruz County. Nogales, Arizona, borders the city of Nogales, Sonora, Mexico, and is Arizona's largest international border town. The southern terminus of Interstate 19 is located in Nogales at the U.S.-Mexico border; the highway continues south into Mexico as Mexico Federal Highway 15. The highways meeting in Nogales comprise a major intersection in the CANAMEX Highway, connecting Canada, the United States, and Mexico. Nogales also is the beginning of the Sun Corridor, an economically important trade region stretching from Nogales to Prescott, AZ, including the Tucson and Phoenix metropolitan areas. Nogales is home to 4 International Ports of Entry, including the Morley Pedestrian Port of Entry, Dennis Deconcini Pedestrian and Passenger Vehicle Port of Entry, Nogales International Airport, and the Mariposa Port of Entry with up to 20 inspection lanes when the $200 million upgrade is finished. The new Nogales-Mariposa Port of Entry will have 12 passenger vehicle inspection lanes and 8 commercial inspection lanes. Due to its ideal location on the border and its major ports of entry, Nogales funnels $26 billion worth of international trade into Arizona and the United States a year in fresh produce and manufactured goods from Mexico and the world through the deep sea port in Guaymas, Sonora, Mexico. This trade helps to support tens of thousands of jobs and the overall economies in Ambos Nogales and throughout the American state of Arizona and the Mexican state of Sonora. Known in O'odham as Nowa:l,[citation needed] the name Nogales means "black walnuts" in Spanish, and the walnut trees which once grew abundantly in the mountain pass between the cities of Nogales, Arizona, and Nogales, Sonora, can still be found around the town. The name "Nogales" is derived from the Spanish word for "walnut" or "walnut tree." It refers to the large stands of walnut trees that once stood in the mountain pass where Nogales is located. Nogales was at the beginning of the 1775-1776 Juan Bautista de Anza Expedition as it entered the present day U.S. from New Spain, and the town is now on the Juan Bautista de Anza National Historic Trail. On the second floor of the 1904 Nogales Courthouse is a small room dedicated to the 1775-1776 Anza Expedition. The economy of Nogales is heavily dependent on the cross-border trade through its Ports of Entry by produce distributors and American-based manufacturing plants in Nogales, Sonora and throughout the rest of the Mexican states of Sonora and Sinaloa. Most of Nogales' economy is based on agribusiness and produce distributors, which comes from large farms in the Mexican agri-belt. Despite its small population, Nogales actually receives much patronage from its bordering sister-city, Nogales, Sonora, Mexico. Most observers guess the population of Nogales, Sonora, at roughly 300,000[citation needed]. International commerce is a big part of Nogales’ economy.More than 60 percent of Nogales’ sales tax comes from the estimated 30,000 Mexican shoppers crossing the border daily. Nogales, Arizona, and Nogales, Sonora, are home to one of the largest maquiladora clusters[citation needed]. This enables American manufacturing plants on both sides of the border to take advantage of favorable wage and operating costs and excellent transportation and distribution networks. more ... |
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