Applying for a Pardon in Arizona
Not all cases are eligible for expungement; however, there is another option that may be benficial. Seeking a pardon in the state where your conviction occurred may the best solution to receive criminal record relief.
In order to apply for a pardon, there are certain requirements that may need to be met and certain application procedures. This information can be found in great detail at www.pardon411.com
If you are applying for a pardon in Arizona, below you will find the eligibility requirements and process for applying.
To be eligible:
- Must have an Arizona Felony case
- If you were sentenced to life imprisonment as a result of a serious profit-making drug offense or if you are currently service a life sentence for a serious offense, you must have served at least 25 years in prison
To apply:
- Request an Application Form either by:
- Calling the Board of Executive Clemency at 602-542-5656 or writing to:
1645 W. Jefferson St., Suite 101
Phoenix, AZ 85007 - Prepare Supporting Documents to show the factual details of your conviction:
- Such documents include: fingerprints, criminal record history, a personal statement, letters of reference signed by a notary, and general life history (such as family, employment, education, health, etc.).
- Send Application Form and Supporting Documents to:
- 645 W. Jefferson St., Suite 101
Phoenix, AZ 85007
Meeting America’s Needs: Immigration Reform
For the first time since 1986, immigration reform is underway at the White House. The estimated 11 million illegal immigrants currently residing in the US will be positively and negatively affected by the impending changes stated in the “Lawful Prospective Immigrant” bill proposed by President Barack Obama.
The bill is to be unveiled this coming Tuesday by such supporters as California Representative Democrat Senator Dianne Feinstein. The bill asserts both the security and economic issues entwined with immigration.
The bill will specifically target immigrants with a criminal record. If an immigrant has convictions, severe penalties such as being removed from the community and being excluded from re-entering the US may be implemented.
Immigrants will be required to pass a criminal background check. An immigrant cannot have served more than one year in prison or be convicted of 3 or more convictions and spent 90 days in jail.
As for the economic effects the bill is posing, immigrants may lose out on a variety of job opportunities that are being given to them at this time. The bill would increase the number of visas towards high-skilled workers while creating a program for unskilled workers.
The balance between determining what is most beneficial for the people of the United States, as well as the economy, is currently under review at the White House.
Taking preventative steps, such as clearing your criminal record, updating private databases, and removing your mug shot from the Internet, before the bill is passed, will increase the likelihood to remain in the United States.
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Setting Aside A Conviction for Immigration Purposes
The review for immigration purposes takes into consideration many factors— including the applicants criminal history. While expungement may not completely hide a past conviction for immigration purposes, it does make a bad situation look better. A court will only grant a setting aside or expungement if the applicant has complied with court terms and is now considered favorably by the court. Have an experienced attorney handle your case and make sure it is done right and in time for any important hearing.
Expungement Facts and Background
Immigration is the movement of people from one nation-state to another. While human migration has existed throughout human history, immigration implies long-term permanent residence (and often eventual citizenship) by the immigrants: tourists and short-term visitors are not considered immigrants (see expatriates). However, seasonal labour migration (typically for periods of less than a year) is often treated as a form of immigration. The global volume of immigration is high in absolute terms, but low in relative terms. The UN estimated 190 million international migrants in 2005, about 3 percent of global population. The other 97 percent still live in the state in which they were born, or its successor state. The Middle East, some parts of Europe, little areas of South East Asia, and a few spots in the West Indies have the highest numbers of immigration population recorded by the UN Census 2005.
The modern idea of immigration is related to the development of nation-states and nationality law. Citizenship of a nation-state confers an inalienable right of residence in that state, but residence of immigrants is subject to conditions set by immigration law. The nation-state made immigration a political issue: by definition it is the homeland of a nation defined by shared ethnicity and/or culture, and in most cases immigrants have a different ethnicity and culture. This has led to social tensions, xenophobia, and conflicts about national identity, in many developed countries. Illegal immigration refers to immigration across national borders in a way that violates the immigration laws of the destination country. Under this definition, an illegal immigrant is a foreigner who either illegally crossed an international political border, be it by land, sea or air, or a foreigner who legally entered a country but nevertheless overstay their visa in order to live and/or work therein.
Read MoreObtaining An Arizona Fingerprint Clearance Card
A person seeking to obtain the Card must submit a completed application to the Division. The fee to obtain a Card is $47 for a paid employees and teacher certification and $43 for volunteers. Additionally, the applicant must submit a full set of fingerprints to the Division. The applicant can obtain a set of fingerprints from his local law enforcement agency or the applicant may use a private fingerprinting service. The applicant must submit a new set of fingerprints to the division for a fingerprint background check every six years.
Applications may also be obtained by contacting the Arizona Department of Public Safety by:
1) Phone: (602) 223-2279
2) Fax: (602) 223-2947
3) Mail: Applicant Clearance Card Team
Arizona Department Public Safety
P.O. Box 18390
Phoenix, AZ 85005-8390
4) Visiting the office at its physical address:
Arizona Department of Public Safety
2320 North 20th Avenue
Phoenix, AZ 85005
For an applicant with no state or federal criminal record, the processing time is approximately three to five weeks from the date the Division receives the application packet. For those persons who have a criminal record, the process may take four to eight weeks. Cards issued prior to October 1, 2003, are valid for three years. Cards issued on or after October 1, 2003, are valid for six years.
After the Division receives the applicant’s state and federal criminal history, it compares it to the record with the list of criminal offenses (contained in A.R.S. § 41-1758.03(B) and (C)) that preclude an applicant from receiving the Card. The Division issues a Card, subject to the results
A person will be given a Card under the good cause exception if:
1) an agency (meaning the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, or the board of examiners of a nursing care institution administrators and assisted living facility managers) granted a good cause exception before August 16, 1999, and no new precluding offense is identified; or
2) the Board granted a good cause exception and no new precluding offense is identified.
The appeal process
If, after conducting state and federal criminal history record checks, the Division determines that the applicant is ineligible to receive a Card, it will send out a letter of denial.
After the applicant receives the letter of denial, he or she has 30 days to appeal. The applicant must request, complete, sign, and mail an appeal packet to the Department of Public Safety (herein referred to as the “Department”). The appeal packet can be obtained by calling the Board at (602) 223-2279 or by fax at (602) 223-2947.
Once the Department receives the applicant’s appeal packet, it conducts an extensive background check on the individual. Thereafter, the Department turns the applicant’s information over to the Board. The Board is comprised of 5 individuals who meet once every two weeks. The Board then decides whether to 1) grant the applicant an automatic clearance based on the information provided in the appeal documents and the background check, or 2) grant the applicant a hearing. The applicant may have an attorney present.
Obtaining An Arizona Fingerprint Clearance Card If You Have A Criminal Record
If the applicant is granted a hearing, he or she will be notified of the time and place of the hearing. At the hearing, the burden of proof falls on the applicant to present evidence that he or she has made positive changes since the time of the conviction. While convictions that have been set aside (expunged) will still be considered by the Board, the harm they cause is minized. Judgments that have been set aside or dismissed are looked upon more favorably, as they demonstrate the applicant’s rehabilitation and ability to be a law-abiding citizen. Applicants are therefore well advised to consult an attorney prior to initially applying to obtain the Card.
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