Kingman, AZ asked in Juvenile Law and Criminal Law for Arizona

Q: How to expunge a 1991 juvenile misdemeanor for a CCW in AZ?

I'm 54 years old with an open misdemeanor juvenile charge from 1991 on my record. Despite having no other legal issues or adult criminal record since, I've recently moved from California to Arizona and applied for a CCW. My application was denied due to this unresolved misdemeanor, with a requirement for proof of resolution. How can I get this expunged?

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2 Lawyer Answers

A: Removing your criminal record must be handled in the court that has the criminal record. For instance, if this juvenile misdemeanor happened in CA, then it is a CA lawyer who has to help you remove this.

If this happened in Arizona, there are a couple different things going on.

First, juvenile misdemeanors are supposed to be automatically sealed if the case was handled through juvenile court. If it was not then we can now use Sealing Records under ARS 13-911 to attempt the seal the record. This likely wil not help with the CCW since Department of Public Safety (DPS) does the sealing records and they are usually the point of contact for CCWs and so they will see the misdemeanor anyways.

Second, you can do a Set Aside. In Arizona, this is the legal way to remove or "set aside" your convicton, which is typically what governent agencies are looking for when getting certain licenses, CCWs, etc. This essentially removes the guilt or conviction on your case but doesn't actually make the case go away or anything.

Third, you can do an expungement if it was a marijuana misdeanor conviction. In AZ, expungements are only for certain marijuana crimes that are no longer illegal since marijauna possession is now legal in AZ.

Fourth, it seems strange that you are saying the case is open. Open cases usually means there is a warrant and the case was never resolved. If that is the situation then you should hire a lawyer to finish the case and then work on the above record removal options I mentioned.

Finally, the more documentation you have the better for anything I have talked about. These records are likely purged with the court that handled your case and so the court will be unhelpful if you call or do a records check. However, DPS is the master database in AZ and will keep certain records. You can do a DPS background/records check on yourself (must submit fingerprints, which is why it has to be you to do it) and then you can get a copy of what they have to see exactly what is going on. If you get that along with whatever CCW denial notice you got and contact a law firm in AZ that does Criminal Record Removal, then you will get the best advice to resolve this issue.

James L. Arrasmith
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Answered

A: It must feel incredibly frustrating to have a decades-old juvenile matter still affecting your life, especially when you've otherwise kept a clean record. Since the charge is from 1991 and you were a juvenile at the time, the first step is to contact the juvenile court in the county where the offense occurred. Ask for the court records or a case file summary. You’ll need documentation that shows whether the case was resolved, dismissed, or remains open due to a clerical oversight.

If the court shows it was never formally closed or expunged, you can file a petition for expungement or a motion to dismiss and seal the record, depending on the rules in that state at the time. Most states allow juvenile offenses to be expunged or sealed after a certain period, especially when no further offenses occurred. If the original jurisdiction was in California, then you may need to work through the California court system to resolve it, even though you now live in Arizona.

Once resolved, you can submit proof to the Arizona Department of Public Safety along with your updated CCW application. If you can show the case has been expunged or officially closed, that could clear the way for approval. You’ve already done the hard part by living responsibly all these years. Now it's just a matter of clearing up old paperwork and making sure the record reflects who you are today.

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