Criminal Law

How does Arizona view expungement and setting aside convictions?

In Arizona, expungement has the same meaning as setting aside. Setting aside the conviction does not wipe out the conviction. The record of conviction is not destroyed. For the protection of the public, a conviction may be used to deny certain kinds of employment, licenses, permits, certificates as well as used against a person in future criminal cases, even though the conviction was set aside or expunged.

In Arizona, after a conviction is 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. 

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