Domestic violence charges in Arizona can have serious and long-lasting consequences. Understanding how long a domestic violence charge stays on your record in Arizona is crucial, as it can impact your employment prospects, housing applications, and personal relationships for years after the case concludes.

How Long Does a Domestic Violence Charge Stay on Your Record in Arizona?

A domestic violence charge in Arizona typically remains on your record indefinitely unless you take legal action to remove it. Arizona does not offer traditional expungement, but individuals may pursue two key options to mitigate the impact of a conviction: sealing a record or obtaining a set aside. While a set aside dismisses a conviction but keeps it publicly accessible, sealing a record under new Arizona laws is much closer to expungement and can prevent the record from being viewed by the general public.

Understanding Domestic Violence Charges Under Arizona Law

In Arizona, domestic violence isn’t actually a standalone crime but rather a designation added to other criminal offenses when they occur between people in specific relationships. Under A.R.S. § 13-3601, these relationships include current or former spouses, people who live or have lived together, individuals who share a child, or those who are romantically or sexually involved.

• Assault and aggravated assault
• Threatening or intimidating
• Harassment
• Criminal damage
• Disorderly conduct
• Trespassing
• Child or vulnerable adult abuse
• Stalking

Arizona distinguishes between misdemeanor and felony domestic violence charges based on the severity of the underlying offense and prior history. Misdemeanor domestic violence typically involves less serious offenses like disorderly conduct or simple assault, while felony charges usually stem from more serious actions like aggravated assault, especially when weapons are involved or when serious physical injury occurs. It’s important to understand that a charge differs from a conviction. A charge means you’ve been formally accused of a crime, while a conviction indicates you were found guilty either through trial or by pleading guilty. Both charges and convictions appear on your record, though a conviction typically carries more severe long-term consequences.

The Lifetime Consequences of a Domestic Violence Record in Arizona

Having a domestic violence record in Arizona can substantially affect various aspects of your life:

• Employment Background Checks: Most employers conduct background checks before hiring. A domestic violence record often raises serious concerns, particularly for positions involving vulnerable populations. Some employers have explicit policies against hiring individuals with violent offenses on their records, making job hunting substantially more difficult.
• Housing Applications: Landlords regularly screen potential tenants through background checks. A domestic violence record may cause landlords to deny your application, especially in competitive housing markets or higher-end rental properties.
• Loss of Firearm Rights: A domestic violence conviction triggers federal and state prohibitions on possessing firearms. Under federal law (18 U.S.C. § 922(g)(9)), it’s illegal for individuals convicted of misdemeanor domestic violence to possess firearms—a restriction that lasts a lifetime unless the conviction is set aside or pardoned.
• Professional Licensing: Many professional licensing boards in Arizona require disclosure of criminal records and may deny or revoke licenses for individuals with domestic violence convictions. This affects careers in healthcare, education, law, real estate, and other regulated professions.
• Child Custody and Family Court: A domestic violence record can dramatically impact family court proceedings. Judges often limit custody or visitation rights for parents with domestic violence histories, frequently requiring supervised visitation or imposing other restrictions.
• Immigration Status: For non-citizens, a domestic violence conviction can trigger deportation proceedings or prevent naturalization, regardless of how long you’ve lived in the United States or your legal status.

These long-lasting consequences underscore why many people with domestic violence charges seek legal options to address their records. Understanding Arizona’s record system is the first step toward potentially mitigating these impacts.

Arizona’s Criminal Record System

The Arizona Criminal Justice Information System (ACJIS) maintains criminal records in the state. This centralized database contains arrest records, charges, court proceedings, and dispositions of cases. Unlike some states that remove or seal old records automatically after a certain period, Arizona maintains these records indefinitely.

Court records in Arizona are generally accessible to the public through the Public Access to Court Information (PACI) system. Anyone can search court records by name, potentially discovering information about your domestic violence case unless specific legal action has been taken to limit this access.

Various entities have legal authority to access your criminal history, including:

• Law enforcement agencies
• Government employers
• Private employers (with your written consent)
• Licensing boards
• Educational institutions
• Landlords and property management companies

This widespread accessibility means that a domestic violence charge can continue to affect your reputation and opportunities for decades after the case concludes, highlighting the importance of understanding your options for addressing these records.

Sealing a Domestic Violence Charge in Arizona

In 2023, Arizona introduced the ability to petition to seal a criminal record, which offers individuals a way to remove past charges and convictions from public access. Unlike a set aside, which still allows the conviction to be viewed, sealing a record makes it inaccessible to the general public, employers, and landlords.

Eligibility for Sealing a Record:

• Must have completed all terms of sentencing, including probation and fines
• Waiting periods apply (varies by offense severity)
• Serious offenses, including violent crimes and sexual offenses, may not be eligible (see exclusions)
• Demonstrated rehabilitation and good behavior can strengthen a petition

Benefits of Sealing a Record:

• Employers and landlords cannot see the sealed record
• Improved eligibility for professional licenses
• Better chances in child custody cases
• Peace of mind knowing your record is no longer publicly accessible

The Set Aside Option

Arizona also offers a set aside under A.R.S. § 13-905, which dismisses a conviction but does not remove it from public records. Courts may grant a set aside if all sentencing conditions are met, but the charge remains visible to employers, landlords, and background checks.

Key Differences Between Sealing and a Set Aside:

• A sealed record is no longer accessible to the public, while a set aside is still visible
• Sealing provides greater protection for employment and housing applications
• A set aside restores some rights but does not remove the record

How to Petition to Seal a Domestic Violence Record

If eligible, follow these steps to petition for record sealing in Arizona:

1. Gather Documentation: Collect court records, proof of sentence completion, and evidence of rehabilitation.
2. Complete the Petition Form: Fill out the petition accurately, providing details of the case and reasons for sealing.
3. File the Petition: Submit the form to the appropriate court.
4. Prosecutor Notification: The prosecutor may object, in which case a hearing may be scheduled.
5. Victim Notification: Victims have the right to be heard regarding the petition.
6. Hearing (if required): A judge may review your case in court.
7. Court Decision: If granted, your record is sealed and removed from public view.

The process can take several months, depending on the court’s workload and whether objections are raised.

How an Arizona Criminal Defense Attorney Can Help

Navigating the sealing or set aside process can be complex. An experienced criminal defense attorney can help by:

• Evaluating eligibility for sealing or a set aside
• Preparing and filing petitions to maximize approval chances
• Defending against objections from prosecutors
• Representing you in hearings if required

For legal guidance, contact the criminal defense attorneys at Gurion Legal today. Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist who helps clients clear their records and move forward. Call (480) 800-0020 or fill out a contact form to discuss your case.

Phoenix Resources for Those with Domestic Violence Records

If you’re dealing with a domestic violence record in Phoenix, several local resources can provide assistance:

Legal Aid Organizations:

• Community Legal Services (602-258-3434) offers legal assistance for low-income individuals.
• Arizona Legal Center provides guidance on navigating the set aside process.
• Maricopa County Bar Association’s Lawyer Referral Service can connect you with attorneys experienced in record clearing.

Support and Rehabilitation Programs:

• New Directions Institute offers court-approved domestic violence intervention programs.
• TERROS Health provides counseling and behavioral health services.
• The Arizona Coalition to End Sexual and Domestic Violence offers resources for both victims and offenders.

Educational Resources:

• Maricopa County Superior Court Self-Service Center provides forms and guidance for self-represented individuals.
• Arizona Judicial Branch website offers detailed information on the set aside process.
• Arizona Criminal Justice Commission provides resources on rights restoration.

By using these resources and understanding your options, you can take proactive steps to address a domestic violence record and minimize its impact on your future in Arizona.

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.