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Question: I plead guilty under A.R.S. 4-244 (33.) when I was 19. I received a restricted permit for two years and alcohol screening. Many job applications ask whether you have been convicted of any offense or of only felonies, but do not know what the offense is technically considered. Is an A.R.S. 4-244 (33.) offense considered a misdemeanor and can it be expunged under Arizona law?

Answer: Section 4-244 33 is designated as a class 1 misdemeanor under 4-246 B. Arizona Rules of Criminal Procedure has a Form number 21 which is called an Application for Restoration of Civil Rights, Withdrawal of Guilty Plea or Vacation of Conviction. Its pretty straightforward and filling in the blanks will create a pleading for the Court to consider. The record is not exactly expunged, but if granted, sets aside the conviction and restores a person's civil rights, as though never convicted in the first place. A prospective employer could still find the case, but it would show that the conviction had been set aside. Also, an arrest record remains unchanged whether the conviction is set aside or not.

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