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  1. #1

    Default How to Petition for an Order Records to Show That You Were Cleared, ARS Sec. 13-4051

    My question involves criminal records for the state of: Arizona

    I had posted a previous thread asking about my particular situation. This thread is about my requesting more general knowledge, not specific to anyone's particular situation.

    Does anyone know, or can anyone explain, the procedure on how to get relief under ARS 13-4051? What paperwork is involved? In what level court is it filed? If it does make it to a hearing, how does that hearing go? Are witnesses called? Are we talking preponderance of the evidence or reasonable doubt? This seems to be rare. Knowledge out there is quite scarce. I only read two precedent cases. About the procedures themselves...I have found nothing.

  2. #2
    Join Date
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    Default Re: Procedure for a Hearing Under Ars 13-4051

    The first thing I can tell you is that the petition would have to be filed with the Superior Court of whatever county you were originally arrested in.

    I did a little googling and found only one place that yielded a sample petition:

    http://www.maricopa.gov/pdweb/docs/2...908-10-ftd.pdf

    Doesn't say much but you can modify it to suit your purposes. It was written in 2009 and refers to a 1987 case decision.

    But I found three more appellate case decisions that might give you some hints about the process:

    http://law.justia.com/cases/arizona/...v-12-0861.html

    http://www.appeals2.az.gov/Decisions...193Opinion.pdf

    http://static1.1.sqspcdn.com/static/...QpAu7QWx6zE%3D

    You can research those cases at the various courts and probably find each person's original petition for relief.

    Beyond that, I couldn't begin to tell you what or how you would have to prove that you qualify for the relief that you seek.

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