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BIEDERMAN
LAW OFFICE

 

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Expungment,  Set Asides and Restoration of Rights 

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NOW THAT AZ PROP 207 PASSED

Do you have old Marijuana Convictions on your record?
With the laws changing, you may be eligible to have those convictions removed from your record.

Fill out this form to leave your past, in your past

 
 

Why Would Someone Want an Expungement?


Expungements are valuable. They all will remove the convictions from official state performed background checks. They all allow for you to deny that you have been convicted of a crime on job applications. They could even be used as defenses to later offenses.
 

We all know that employers perform background checks. The job market today is employer friendly environment. Many employers will disregard all the candidates with convictions. Sometimes even a speeding conviction could make your application less desirable than one without.
 

Frequently, landlords and mortgage officers run background checks. Even with a good job and decent credit, an old conviction can keep you from owning a home of your own or lead to a higher interest rate.
An expungement can restore the rights you lose. A felony conviction takes away your right to vote, hold public office, serve on a jury, and have a firearm. A felony expungement may restore  those rights.

 

Some misdemeanor drug offenses can prevent you from receiving student loans. Voiding and sealing those convictions could get you back in school.


Many professional boards will not grant you a license if you have a conviction. It’s not just professions like attorney, accountant, and doctor. Arizona has statutes that make it difficult for people with a record to get licensed for anything. There are laws prohibiting real estate brokers, nurses, teachers and others  from getting licensed.
Expungement can give you a second chance on life. Anyone with an old marijuana conviction can benefit from expungement. Finally many of our clients just want  the peace of mind of knowing their record is clear.
No matter why you want a clean record, we can help.  

FREQUENTLY ASKED QUESTIONS

What is an expungement?
Expungement is the legal term for erasing or removing a record. Arizona  allows for a person to petition a court to have a records relating to a marijuana crime removed from the court system and their criminal record. In the near future, there will be new statutes that govern expungement of marijuana convictions

Won’t Convictions Automatically Come off My Record?
Many do not, but even dismissed cases stay in court records permanently. Even if you were arrested and never charged that record could stay in the state police and FBI data bases.

But I Was Acquitted, or My Case Was Dismissed?
Dismissed cases, diversion cases, and arrest records can show up in background checks. If there was contact with the court system regarding marijuana, you should get those records expunged. If you have had contact with law enforcement, you should get those records expunged. In today’s tough job market even speeding tickets can hurt your chances at a job.

What Does It Mean For a Case To Be Dismissed?
In Arizona, there are two types of dismissals: a dismissal with prejudice, and a dismissal without prejudice. A dismissal with prejudice means that the case can never be re-prosecuted. It is over and done.  A dismissal without prejudice means that a case can be reopened or re-prosecuted, so long as the case complies with other ARS timelines and such.

How Much Does It Cost To File For An Expungement?
There is no filing fee currently for Arizona marijuana expungements. However,  DPS requires a fingerprinting and a few other items which the Biederman law office may cover. Our rates for dismissed cases depend upon the complexity of the case and location. Most dismissed cases are expunged for less than $700 total. Give us a call or use the website  for a complete quote and eligibility determination–absolutely free.

Will I Be Required to Attend a Hearing For an Expungement?
Judges have final say. However, many judges hold court hearings all the time on expungements even when the prosecutor does not object. Typically, these hearings can be handled by an attorney from the Biederman law office. However, sometimes they may require the presence of the defendant.

What Are The Effects of Expunging A Dismissed Case?
Typically, after an expungement of a marijuana conviction, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall delete or remove the records from their computer systems, or SEAL the record so that any official state-performed background check will indicate that the records do not exist. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.

Who Can See My Sealed or Expunged Record?
No one can get it at the Courthouse without a Court order. The only way to get the records back after an expungement is to file a motion in the court to review them. We recommending making copies before the expungement is granted. If the clerk is asked about the case, they will be required to answer that “no such record exists.”

What If I Have Multiple Felony Convictions?
This is not a short answer question. If you have one conviction for Possession of a Firearm and a marijuana conviction, it maybe not possible to expunge the other conviction.

Can I Get a Gun After My Expungement?
There is no easy answer to this question. State and federal gun control laws are complex and require an individual determination. If nothing else is affecting your ability to own a gun other than a conviction, Arizona’s expungement process should restore your right to possess firearms. 

Is It Possible to Speed Up The Expungement Process?
If you have an emergency or a job you are applying for RIGHT NOW, we can expedite expungements for an additional fee.   
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What is setting aside a judgment?
Setting aside a judgment means that a person convicted of a crime has been released from all penalties and disabilities resulting from the conviction. A set aside is not the same thing as an expungement. Although the definition of expungement may vary by state, generally an expungement means the conviction is erased in the eyes of the law. Arizona does not expunge criminal convictions except on Marijuana Convictions, thanks to prop 207.

 

Instead, Arizona allows a court to set aside a judgment, where a criminal conviction still exists on a person’s record, but the penalties associated with the conviction have been released. Though the record is still accessible to the public, the record will have a notation stating that the judgment has been set aside. Setting aside a judgment is only available for crimes convicted in the State of Arizona. This is also something the Biederman Law Office can assist you with. Contact us today for a free consultation. 

 

CONTACT

BIEDERMAN
LAW OFFICE

OUR ADDRESS

131 W University Dr. Mesa AZ 85201

office@biedermanlawoffice.com
Tel:  480-275-9577

 

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