Expunging or Sealing Criminal Records

Re-entering one’s community after the completion of a prison sentence is very challenging. Success can be difficult for many reasons. This article addresses one of the steps a person with a felony conviction might take towards overcoming barriers to successful community re-entry. The article provides information about setting aside both felony and misdemeanor convictions.

The outcome of any case depends on the unique facts in that case, the laws at the time of conviction, new laws that may apply, and the individual decision-making of the parties involved including the defendant, attorneys, victims, the Court, and any other interested persons. Since the outcome of a case depends on many different things, this article is intended as information only. It is not legal advice. An attorney can provide additional information and legal advice. Therefore, questions about an individual situation should be discussed with an attorney.

What is expungement? In Arizona, expungement means the same as “set aside.”

What is “set aside”? Set aside means to cancel or revoke a judgment or order. Usually, the original record is modified or changed. The original is still available.

What is the difference between an expungement and a set aside?

Generally, something expunged, no longer exists. It is gone. It is wiped out. On the other hand, usually something “set aside” is not destroyed but it is not the same as the original. The original has not vanished. It is not wiped out. In the case of a criminal record, the original may still be available for use.

Can expungement and set aside have the same meaning?

Yes. The two terms can be very confusing. One reason for the confusion is that these terms are interchangeable sometimes. In other words, even though they are defined differently, they can also mean the same thing. Sometimes a record that is “set aside” is called an expunged record. Sometimes a record that is expunged is not wiped out and is actually set aside and can be used again. Note that in Arizona, expungement means the same thing as “set aside.”

What does expungement and set aside have to do with criminal convictions?

Expungement and set aside are tools that persons convicted of crimes might be able to use to lessen the negative impact of their criminal conviction and criminal record.

Does every state view expungement and “set aside” in the same way?

No. Each individual state decides what expungement and/or set aside means in its state. States may look to one another to see how laws are defined, but each state makes its own decision about expungement and setting aside criminal convictions. This article only addresses Arizona law.

Published by: Arizona Lawhelp.org