Legal Opinion

State v. Mohajerin

Court of Appeals of Arizona

Decided December 29, 2010No. 2 CA-CR 2010-0193PublishedCited by 14 opinions

1Opinion of the Court

OPINION

ECKERSTROM, Judge.

¶ 1 Hesam Mohajerin appeals the trial court’s order denying his petition for an entry of clearance upon his official records pursuant to A.R.S. § 1341051. In ruling on the petition, the court interpreted this statute and State v. Franco, 153 Ariz. 424, 737 P.2d 400 (App.1987), to require petitioners to prove that the charge or arrest they wish to have cleared was “unlawful or illegal” when it occurred. We acknowledge Franco supports this approach but clarify that (1) an unlawful or illegal arrest or charge is a potential ground for relief under § 13^4051, but not a…

2Cases cited29 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
  4. Zamora v. ReinsteinArizona Supreme Court · 1996
  5. State v. PerezArizona Supreme Court · 1984

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3Cited by14 opinions

  1. Anderson v. VALLEY UNION HIGH SCHOOLCourt of Appeals of Arizona · 2012
  2. State of Arizona v. Robert Charles GlissendorfCourt of Appeals of Arizona · 2013
  3. Champlin Stopinski, Skipton and Assoc. v. Bank of AmericaCourt of Appeals of Arizona · 2013
  4. Aaron Ludwig v. State of ArizonaCourt of Appeals for the Ninth Circuit · 2019
  5. Benderra v. StateCourt of Appeals of Arizona · 2018

9 more not listed; retrieve them via the Exa API.

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