Q&A: Expunging your record for Sex Conduct w/Minor

Question:

1 count of Sexual Conduct w/minor in ’95 in Arizona. Can I get this vacated, set aside, expunged or reduced to a misdemenor?  No charges before this conviction, and none since this offense. No probation violations, not even a parking ticket. Had a small judgement that was paid off in ’96. Released from Probation in 2008, but still need to register. I have since obtained a college degree since my offense and have petitioned and was granted licensure through the Arizona Department of Insurance. 
I also have many State(court) mandated polygraphs that show ‘indicative of truth’ that I really did not know she was underage. I also took her to see my brother graduate from a law enforcement academy with hundreds of law enforcement officials around and had no clue she was not really 19. I would have to be crazier than Manson, or have more guts than John Wayne, or the more logical answer, I really had no idea
Answer:
No, in the state of Arizona,pursuant to A.R.S. 13-907, you cannot set aside a sex offense for which you are required to register as a sex offender. 
Verdura Law Group PLLC 
http://verduralaw.com 
602-421-0515 
13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions 
A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. 
B. The convicted person or, if authorized in writing, the convicted person’s attorney or probation officer may apply to set aside the judgment. 
C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by: 
1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside. 
2. The game and fish commission pursuant to section 17-314 or 17-340. 
D. This section does not apply to a person who was convicted of a criminal offense: 
1. Involving a dangerous offense. 
2. For which the person is required or ordered by the court to register pursuant to section 13-3821. 
3. For which there has been a finding of sexual motivation pursuant to section 13-118. 
4. In which the victim is a minor under fifteen years of age. 
5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

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