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  1. #1

    Default How Can I Overcome My Background

    My question involves criminal records for the state of: Arizona

    I am a 29 year old male with a bachelors degree in computer technology, but i have a court record. The court record has three charges on it:

    Misdemeanor of Solicitation of Burglary
    Misdemeanor of Accessory of Burglary
    and one Felony of Burglary, but this charge was dismissed.

    All of this was 5 years ago at this point, and i am currently unemployed looking hard to find a job in my field (heck in any field at this point). I disclose this information to all interviewers but to no avail. I explain the situation that I was at an ex-friends home drinking one night and didnt want to drive home and i go to sleep. Next thing i know there are police knocking at his door. He took the property that he stole that night and placed some of it in my car as a "present." When i tried to explain that to the police, they informed me that because the the items were in my car, and my ex-friend was telling them i told him to do it (which i know myself and would never do that) that i was going to be charged.

    So my question is how can i overcome this and be able to live my life normally, and be able to use my degree that i worked hard to achieve? Aside from this, i dont have anything else on my record aside from the general speeding ticket. Is there a way that i can get it expunged from my record?

    Thanks in advance for the help

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How Can I Overcome My Background

    In terms of expungement, options are very limited:
    Quote Quoting ARS 13-4051. Entry on records; stipulation; court order.
    A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.

    B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court.

    C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure.
    For convictions,
    Quote Quoting ARS 13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions.
    A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

    B. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.

    C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

    1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

    2. The game and fish commission pursuant to section 17-314 or 17-340.
    D. This section does not apply to a person who was convicted of a criminal offense:

    1. Involving a dangerous offense.

    2. For which the person is required or ordered by the court to register pursuant to section 13-3821.

    3. For which there has been a finding of sexual motivation pursuant to section 13-118.

    4. In which the victim is a minor under fifteen years of age.

    5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: How Can I Overcome My Background

    In Arizona, after a conviction is expunged or set aside, does a person have to disclose the expunged conviction on a job application or in a job interview?

    A person whose conviction has been set aside or expunged must disclose the conviction if the employment application asks whether the person has a prior conviction. An applicant must report previous conviction of an offense, if asked about prior convictions during a job interview. However, the applicant should also report that the conviction “has been vacated (or set aside) and the charges dismissed.” The court uses this language in setting aside a conviction.
    It looks like the only way to "overcome your background" is to keep your nose clean and keep yourself working. If you can't find a job in your field, get a job at Walmart. I'm not bashing you, I'm trying to help.

    By keeping your nose clean and keeping yourself working, you give your future prospective employer the opportunity to judge you by whom you are then, not 5 or 10 years ago. Overcoming your background isn't going to be a few years issue, it may take a decade or more.

    Good Luck
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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