Can You Get an Expungement in Arizona?

For many individuals with a criminal record, the prospect of expungement offers hope for a fresh start. However, in Arizona, the concept of expungement takes on a unique form. If you’re wondering whether you can get an expungement in Arizona, it’s crucial to understand the state’s approach to clearing criminal records.

What is expungement in Arizona?

Expungement typically refers to the process of sealing or erasing a criminal record from public view. In most states, this means that the record is no longer accessible to the general public, including potential employers or landlords. However, Arizona’s laws regarding expungement differ significantly from those of other states.

The reality of expungement in Arizona

Traditionally, Arizona did not offer true expungement as it’s commonly understood. Instead, the state provided an alternative known as “setting aside” a conviction. This process doesn’t erase or seal the record but rather adds a note to it indicating that the conviction has been set aside.

However, recent changes in Arizona law have introduced new options for individuals seeking to clear their criminal records. As of January 1, 2023, Arizona now allows for the sealing of certain criminal records, which is closer to traditional expungement.

Set-aside orders: Arizona’s alternative to expungement

While not equivalent to expungement, set-aside orders have been Arizona’s primary method for addressing past convictions. A set-aside order doesn’t remove the conviction from your record, but it can still provide significant benefits.

When a conviction is set aside, it shows that you’ve completed all terms of your sentence and that the court has recognized your efforts at rehabilitation. This can be beneficial when applying for jobs or housing, as it demonstrates that you’ve taken steps to move past your conviction.

To be eligible for a set-aside order, you must have completed all terms of your sentence, including probation, payment of fines, and any required treatment programs. Some crimes, such as those involving serious violence or sexual offenses, are not eligible for set-aside orders.

Sealing records in Arizona

With the introduction of Arizona Revised Statute §13-911, effective January 1, 2023, Arizona now allows for the sealing of certain criminal records. This new law provides an option closer to traditional expungement.

Under this law, eligible individuals can petition to have their criminal records sealed from public view. When a record is sealed, it becomes inaccessible to the general public, including potential employers and landlords. However, it’s important to note that sealed records may still be accessible to law enforcement and certain government agencies.

Eligibility for record sealing depends on various factors, including the nature of the offense and the time elapsed since the completion of the sentence. Certain serious offenses, such as violent crimes and sexual offenses, are not eligible for sealing.

Waiting periods for record sealing

The new law imposes specific waiting periods before an individual can apply for record sealing. These waiting periods vary depending on the severity of the offense:

• Class 2 or 3 felonies: 10 years
• Class 4, 5, or 6 felonies: 5 years
• Class 1 misdemeanors: 3 years
• Other misdemeanors: 2 years

It’s important to note that these waiting periods begin after the completion of all terms of the sentence, including probation and payment of fines. Understanding these timelines can help individuals plan their record sealing strategy effectively.

Certificates of Second Chance

Another recent addition to Arizona’s efforts to help individuals move past their criminal records is the Certificate of Second Chance. This certificate, available to eligible individuals who have had their convictions set aside, can provide additional benefits.

A Certificate of Second Chance can help remove barriers to employment and occupational licensing. It may also provide limited relief from legal liability for employers who hire certificate holders. To be eligible, individuals must have completed their sentence and demonstrated rehabilitation.

Restoration of civil rights

For those convicted of felonies in Arizona, the restoration of civil rights is another important consideration. A felony conviction can result in the loss of certain civil rights, including the right to vote, serve on a jury, and possess firearms.

In many cases, civil rights are automatically restored upon completion of probation or discharge from imprisonment. However, for individuals with multiple felony convictions, the process may require a court application.

Exceptions to record sealing

While Arizona’s new law expands opportunities for record sealing, it’s important to understand that not all offenses are eligible. Some exceptions include:

• Class 1 felonies
• Dangerous crimes against children
• Sexual offenses
• Crimes involving the use or exhibition of a deadly weapon
• Offenses for which the person is required to register as a sex offender

Additionally, individuals with certain types of convictions may face restrictions on employment in specific fields, even if their records are sealed. It’s crucial to consult with a legal professional to understand how these exceptions might apply to your specific case.

The impact of record sealing

When a record is successfully sealed in Arizona, it can have significant positive impacts on an individual’s life. Some benefits include:

1. Improved employment prospects: Sealed records are not visible to most employers during background checks.
2. Better housing opportunities: Landlords typically cannot access sealed records.
3. Enhanced educational opportunities: Sealed records may not appear on background checks for college admissions.
4. Increased privacy: Sealed records are not accessible to the general public.

However, it’s crucial to understand that sealed records may still be accessible in certain circumstances, such as law enforcement investigations or court proceedings. This balance between privacy and public safety is an important aspect of Arizona’s record sealing law.

The application process

To apply for record sealing in Arizona, individuals must file a petition with the court where their case was originally handled. The process typically involves:

1. Obtaining and completing the necessary forms
2. Gathering supporting documentation
3. Filing the petition with the court
4. Paying any required fees
5. Attending a hearing, if scheduled by the court

The court will review the petition and consider factors such as the nature of the offense, the time elapsed since the conviction, and the individual’s behavior since completing their sentence. This comprehensive review ensures that record sealing is granted to those who have demonstrated rehabilitation and positive change.

Seeking legal assistance

Navigating Arizona’s laws regarding set-aside orders, record sealing, and rights restoration can be complex. Each case is unique, and the eligibility criteria and processes can vary depending on the specific circumstances of your conviction.

If you’re considering pursuing any of these options to address your criminal record in Arizona, it’s advisable to consult with an experienced Phoenix criminal defense attorney. A knowledgeable legal professional can help you understand your options, determine your eligibility, and guide you through the application process.

An attorney can also assist in gathering necessary documentation, preparing a compelling petition, and representing you in court if a hearing is required. Their expertise can significantly increase your chances of a successful outcome.

Arizona’s approach to expungement may differ from other states, but recent changes in the law have expanded the options available to those seeking to move past their criminal records. Whether through set-aside orders, record sealing, or Certificates of Second Chance, there are now more opportunities for individuals to work towards a fresh start in Arizona. These processes require careful navigation of legal procedures, but for those who qualify, they can provide a pathway to improved employment prospects, better housing opportunities, and a chance to move forward without the constant shadow of a past mistake. As Arizona continues to evolve its approach to criminal record relief, staying informed about your rights and options is crucial for anyone looking to rebuild their life and reintegrate into society. If you need assistance with your case, consider reaching out to a Phoenix criminal defense lawyer for expert guidance.

Are You Dealing with Criminal Charges in Arizona? We Can Help

If you or someone you love is facing criminal charges in Arizona, contact the Phoenix criminal defense lawyers at Gurion Legal today. Few firms in Arizona boast the services of a certified criminal law specialist. Gurion Legal offers one with the personal attention you can only get from a boutique firm.

Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist under the State Bar of Arizona Board of Legal Specialization, and has built a firm dedicated to ensuring that defendants receive experienced legal representation as guaranteed by the Constitution.

Contact the Gurion Legal today by calling (480) 800-0020 or by filling out one of our contact forms to discuss your case today. Our criminal defense lawyers can review your case and advise you of your legal options.