Arizonans who have criminal records may have to contend with many obstacles when they are looking for jobs or housing. While many states offer the ability to expunge criminal records, Arizona does not have an expungement statute. Instead, it has a different process that people might undergo to attain post-conviction relief from their prior convictions. This process is known as Restoration of Civil Rights and also to have Criminal Convictions Set Aside.
People who have felony convictions on their records are also unable to serve on juries or to own or possess firearms unless their civil rights have been set aside.
This article discusses the following topics below:
- Why consider filing a petition to set aside
- What does expungement and set aside mean?
- The process
- After the courts set aside a conviction
- Who does not qualify
- How long does the process take?
- Background checks
- How Attorneys can help
Why Consider Filing a Petitions to Set Aside a Conviction?
If you have a felony conviction on your record, it makes sense for you to file a petition to set it aside. People who have felony convictions may be unable to own weapons or to serve on juries. They may also fail to pass background checks for employment and for apartments. Some types of convictions may also make them ineligible for certain types of financial aid for higher education.
Setting your record aside may restore your civil rights. While you will have to disclose that you had a conviction, employers will not pay as much attention to it when a court has granted your petition and has set it aside. This might make it easier for you to secure employment and housing so that you can move forward with your life.
If you have a prior misdemeanor conviction, it may not make as much sense to ask for the court to set your misdemeanor aside. Most misdemeanor convictions will not cause you to lose your civil rights. Your attorney at DM Cantor can help you to decide whether it makes sense for you to file a petition to set your misdemeanor or felony conviction aside.
In a recent survey, ” SHRM found that while there is a willingness to hire people with criminal records, only 5 percent of managers and 3 percent of HR professionals said their company actively recruits people with criminal records.”