Expungement Attorney in Prescott, Arizona – Prescott 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 Prescott, 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 Prescott, 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 Prescott

Prescott (Yavapai: ʼWi:kwatha Ksikʼita; English pronunciation: /ˈprɛskət/ /ˈprɛskɒt/ pres-kət or pres-kot) is a city in Yavapai County, Arizona, United States. According to 2010 Census, the population of the city is 39,843. The city is the county seat of Yavapai County. In 1864 Prescott was designated as the capital of the Arizona Territory, replacing the temporary capital at Fort Whipple.The Territorial Capital was moved to Tucson in 1867. Prescott again became the Territorial Capital in 1877, until Phoenix became the capital in 1889.

The towns of Prescott Valley, 7 miles (11 km) east; Chino Valley, 16 miles (26 km) north; Dewey-Humboldt, 13 miles (21 km) east, and Prescott, together comprise what is locally known as the "Quad-City" area. This also sometimes refers to central Yavapai County in general, which would include the towns of: Mayer, Paulden, Wilhoit, and Williamson Valley. Combined with these smaller communities the area had a population of 103,260 as of 2007. Prescott is the center of the Prescott Metropolitan Area, defined by the U.S. Census Bureau as all of Yavapai County. In 2010 Yavapai County had 211,073 residents according to the U.S. Census Bureau, making Metro Prescott the third-largest metropolitan area in Arizona, after Phoenix (4.2 million) and Tucson (1 million). Metro Prescott will eventually become part of the Arizona Sun Corridor megaregion, with a total estimated megapolitan population of 7.4 million people in 2025.

The Yavapai-Prescott Indian Tribe reservation is located adjacent to and partially within the borders of Prescott.

Prescott served as capital of Arizona Territory until November 1, 1867, when the capital was moved to Tucson by act of the 4th Arizona Territorial Legislature. The capital was returned to Prescott in 1877 by the 9th Arizona Territorial Legislature. The capital was finally moved to Phoenix on February 4, 1889, by the 15th Arizona Territorial Legislature.

Prescott also has a place in western folklore with the fact that Virgil Earp, Wyatt Earp's older brother lived in Prescott in 1879 and told him of the boom town in Tombstone, Arizona. It is also rumored that Doc Holliday spent some time in Prescott just before heading to Tombstone.

Prescott is home to The Arizona Pioneers' Home, a continuing care retirement home, operated and funded by the State of Arizona, originally intended for impoverished Arizona founders from Territorial days. Initially the home was built to house 40 men, but in 1916 an addition of a women’s wing was completed to provide for 20 women. Later, in 1929, the home again expanded to include Arizona’s Hospital for Disabled Miners (current total capacity is 150 beds). Scenes from the 2008 movie Jolene were filmed in the Pioneer's Home in 2006. The Home has had many colorful residents, including a John Miller, who had claimed to be Billy the Kid, and who was exhumed from the Pioneer's Home Cemetery in 2005 in an attempt to identify DNA evidence. Another resident was "Big Nose Kate" Elder, who would also be laid to rest in the Pioneer's Home Cemetery, though not without controversy.

Prescott hosts annual events such as Frontier Days, The World's Oldest Rodeo (1888) (featured in the 1972 film Junior Bonner), Easter Egg-Stravaganza, the Bluegrass Festival, Earth Day, July 4 Celebration, Tsunami on the Square, art festivals, a Cinco de Mayo celebration, Navajo Rug Auction, Pumpkin Patch Carnival, World’s Largest Gingerbread Village (actually on the Yavapai-Prescott Indian Tribe reservation), Prescott Film Festival, Folk Arts Fair, parades, the Acker Music Festival, The Cowboy Poets Gathering, the Prescott Highland Games, Courthouse Lighting, Whiskey Off Road and Ragnar Relay Del Sol. On New Year’s Eve, historic Whiskey Row saw the inaugural Prescott Boot Drop to usher in the 2012 New Year. The illuminated 6-foot (1.8 m) tall cowboy boot with multi-colored stars was lowered from the historic Palace Restaurant rooftop’s 40-foot (12 m) flagpole to the delight and cheers of celebrants gathered on Montezuma Street which was closed for the occasion. Also located in Prescott is the Heritage Park Zoo.