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Expungement & Restoration of Civil Rights

While criminal laws seek to punish those who have committed crimes, the criminal justice system also aims for rehabilitation, and in some cases provides for second chances for those implicated in crimes. In some states, a process called “expungement” allows for a defendant’s record to be cleared of wrongdoing. Arizona does not have expungement, but the state does offer procedures known as a Motion for the Judgment of Guilt to be Set Aside and a Restoration of Civil Rights. These two similar, though slightly different, procedures can help defendants avoid the stigma associated with convictions, particularly when applying for jobs.

If a judge grants an attorney’s Motion to Set Aside Judgment of Guilt, the conviction is removed from the defendant’s record. This allows the defendant to accurately tell others that he has not been convicted of a crime. But on job applications, a defendant would still have to answer “yes” to a question asking whether the defendant had ever been charged, convicted, or arrested. Typically, such questions also request an explanation of the incident, so the defendant can then explain that despite the charge, the judgment was set aside and no convictions are on the defendant’s record. Such a response answers the question honestly and lets the employer know the charge is not a major concern.

For felony convictions, in addition to a Motion for Judgment of Guilt to be Set Aside, a Motion for Restoration of Civil Rights can be helpful, as this allows the convicted individual to regain the right to vote. Additionally, a motion for restoration can also request that the defendant’s right to bear arms is restored. A Restoration or Motion for Judgment of Guilt to be Set Aside may not be available for certain crimes, such as violent crimes including Sexual Misconduct or Aggravated Assault. Thus, you should not assume anything, and it is important to contact a qualified criminal appeals lawyer as soon as possible. At the Law Offices of David Michael Cantor, you can speak with an experienced Arizona criminal appeals lawyer by setting up a free consultation. To do so, call 602-307-0808 or use our confidential, secure online contact form.

At the Law Offices of David Michael Cantor, many of our attorneys are former prosecutors with unique insight into the criminal justice process. All of the firm’s attorneys are listed in the Bar Register of Preeminent Lawyers®, and the firm itself has the highest Martindale Hubbell® rating of AV®. Additionally, David Michael Cantor has been certified by the Arizona Board of Legal Specialization as a Certified Criminal Law Specialist. To learn about your legal options and understand how the Law Offices of David Michael Cantor may be able to assist you, contact the firm for a free, no-obligation consultation.

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ASSOCIATIONS


10.0 Superb Rating AVVO Criminal Defense

10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

AV-Highest Rated Preeminent Lawyers
Martindale-Hubbell

Nation's Top 1% Attorney National Association of Distinguished Counsel

Nation's Top 1% Attorney
National Association of Distinguished Counsel

Super Lawyer Criminal & DUI Defense

Super Lawyer
Criminal & DUI Defense

Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Client Satisfaction Award American Institute of DUI / DWI Attorneys

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer American Society of Legal Advocates

Top 100 Lawyer
American Society of Legal Advocates

Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Member National College for DUI Defense

Member
National College for DUI Defense

Top 10 Attorney National Academy of Criminal Defense Attorneys

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member Trial Masters

Charter Member
Trial Masters

Member DUI Defense Lawyers Association

Member
DUI Defense Lawyers Association

Lifetime Charter Member Best Attorneys of America

Lifetime Charter Member
Best Attorneys of America

Member American Bar Foundation

Member
American Bar Foundation

Sustaining Member Arizona Trial Lawyers Association

Sustaining Member
Arizona Trial Lawyers Association

Member American Association for Justice

Member
American Association for Justice

Life Member Arizona Attorneys for Criminal Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney National Advocacy for DUI Defense

Superior DUI Attorney
National Advocacy for DUI Defense

Member Since 1989 American Bar Association

Member Since 1989
American Bar Association

Better Business Bureau A+ Rating

Better Business Bureau
A+ Rating

DM Cantor

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