Sierra Vista, AZ asked in Criminal Law for Arizona

Q: How can I get an arrest and written warning expunged from my record?

I was arrested and charged with failure to identify and written a warning for hitchhiking. Hitchhiking is legal in Arizona as the prosecutor found out during my pretrial conference. The charge was subsequently dismissed with prejudice. The prosecutor informed me she did not have the authority to expunge the arrest and warning from my record. Any advice or guidance would be helpful.

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: It is very nearly impossible to have an arrest record sealed in Arizona. You have to actually prove complete innocence / wrongful arrest. The hitchhiking may have been lawful, but merely having the failure to identify charge dropped does not mean you have a strong case to have the arrest record sealed. What happens in Arizona, stays on your Arizona record ... forever.

Stewart Salwin agrees with this answer

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