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On Oct. 8th 0f 2008 the Superior court of Maricopa County set aside judgement of my felony conviction, My question is, to this date when a background check is done only the original conviction shows up and not the vacating judgement. I was under the assumption that when this was granted that the original judgement would not show up on a check and possibly only the vacating order would show. Is this asumption correct or am I missing something in the translation? If my assumption is correct how does one go about getting the paperwork corrected so that the orginal conviction does not show up on a background check.
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Thank you.
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July 8, 2010
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Mathew Higbee, Esq
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What will show-up on a background check depends on the type of background check that is used. If the
employer does a standard commercial background check, chances are the
case will not appear because employers should only be looking for casess that are still considered convictions— which yours is not. If the employer requires you to submit
fingerprints and provide a copy of your AZ Dept of Public Safety report,
it will show that there was a case, but it was set aside and there is
no conviction or finding of guilt.
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Thank you for your response to my post. I did have a commercial check done and it did not show the vacating of judgement. Only the original conviction. Should I contact the courts or the law office?
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July 16, 2010
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Mathew Higbee, Esq
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You or your lawyer should start with the court and make sure their records do show that the conviction was set-aside. If not, provide them with a copy of the court order signed by the judge and ask them to update the disposition of the case.
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Some background check companies, especially the inexpensive online companies do not update their data frequently. So they may be dealing with old data. You can send a copy of the court order to the company providing the background check and ask that they properly update their records.
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I have a similar question to this…
I have a prior misdemeanor from Pinal County, Arizona.  The judge signed a paper to set aside judgement for this conviction, however the conviction continues to come up when I have a background check, without any information regarding the judgement being set aside. For my type of work, my job will require both FBI and DOJ background checks.Â
Is it possible to ever have this conviction removed from a background check?
Is there some place I was supposed to send this paperwork so that it can be removed from my record or at least updated to indicate the judgment was set aside? Is it even possible to have this conviction completely removed? A prevous employer suggested I send the judgement set aside paperwork to the FBI so they can update their information (that seems a little odd to me though).
Thank you.
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February 13, 2011
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Mathew Higbee, Esq
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Sandy-
On what background checks is is appearing? Â
If the AZ Dept. of Public Safety updates its records, the FBI will be notified and update theirs.
-Mat
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I tried to get a domestic violence conviction from 1992 set aside with Mesa courts. The courts replyed back that they no longer have any records from this. Is there anyway to get this off of my record and be a gun owner again?
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Thanks
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July 9, 2011
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Mathew Higbee, Esq
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First of all, setting aside a misdemeanor in AZ will not restore firearm rights if they were lost as a result of a conviction that meets the definition of misdemeanor domestic violence.
Your problem is fairly common. Â You must present records from the Arizona Department of Public Safety and file a motion for the court to set aside the conviction. Â This usually takes some persistence and experience.
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Mauiguy said:
I tried to get a domestic violence conviction from 1992 set aside with Mesa courts. The courts replyed back that they no longer have any records from this. Is there anyway to get this off of my record and be a gun owner again?
Â
Â
Thanks
Â
I personally retrieved a gun stolen from me in police evidence about 3 days after getting a DV conviction set aside. I got a form from the court and filled it out and faxed it in. A few days later the judge signed it and it was listed on Mesa court as "dismissed" I then went to Gilbert PD where the gun was in property and evidence. They ran a background check on me and handed me the gun. I said thanks and they told me to have a nice day.
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