Can you have a criminal record expunged if you admit to the crime?
Full Question:
If a teacher is facing charges by Principal and/or School board and they give teacher the option of signing to guilty as charged and resigning. Can this charge be purged from teachers records. This teacher is being tried and convicted with a gag law and without the means to provide their own lawyer.
05/04/2009 |
Category: Criminal ยป Expungement ... |
State: Arizona |
#16566
Answer:
Arizona has a statute allowing for the judge to set aside a conviction, which is similar to the expungment laws of amny states. Once your judgment is set aside, you can answer with confidence to any inquiry, including, without limitation, an inquiry relating to an application for employment, that you have not been convicted of a crime.
If you are seeking to have records removed from a personnel file, it will be governed by the policies of the employer in the case. I suggest you consult the applicable employee handbook or policy statement to determine your rights and obligations.
The following is an Arizona statute:
13-907. Setting aside judgment of convicted person on discharge;
application; release from disabilities; exceptions
A. Except as otherwise provided in 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 application to set aside the judgment may be made by the convicted
person or by the convicted person's attorney or probation officer
authorized in writing.
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 other than 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 such 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 convicted of a criminal
offense:
1. Involving the infliction of serious physical injury.
2. Involving the use or exhibition of a deadly weapon or dangerous
instrument.
3. For which the person is required or ordered by the court to register
pursuant to section 13-3821.
4. For which there has been a finding of sexual motivation pursuant to
section 13-118.
5. In which the victim is a minor under fifteen years of age.
6. 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.
