Expungement of Criminal Records in Arizona
Petition to Seal Criminal Records
In a move aimed at providing individuals with a second chance, Arizona is passed a groundbreaking law which became effective on December 31, 2022. This new legislation allows individuals with certain criminal convictions to petition to have their records sealed under A.R.S. § 13-911. The process will effectively seal their criminal case records, granting them the opportunity to start anew in society.
The memo released on August 1, 2022, by Dave Byers, Director of the Administrative Office of the Courts, outlines the key aspects of this new law. Unlike the expungement of marijuana-related records under Prop 207, the sealing of records under this legislation does not restrict access by law enforcement, prosecutors, or other authorized personnel performing specific background checks. However, it does remove the case records from public access, allowing individuals to declare that they have never been arrested, charged, or convicted of the crime in question.
It is important to note that under this new law it is not technically considered "expungement", as it only seals the record rather than removing the conviction(s) from the record entirely. The only offenses eligible for a full expungement in Arizona are ones for Marijuana possession.
But what does this mean for individuals seeking to seal their records? Here are the critical details you need to know:
Timelines and Eligibility:
Applicants must fulfill all terms and conditions of the sentence imposed by the court, including paying fines, fees, and restitution. Additionally, they must apply after completing the waiting period specified for the class of misdemeanor or felony they wish to have expunged. The waiting periods are as follows:
- Class 2 or 3 felonies: 10 years
- Class 4, 5, or 6 felonies: 5 years
- Class 1 misdemeanors: 3 years
- Class 2 or 3 misdemeanors: 2 years
It's important to note that some additional waiting periods may apply for individuals with historical prior felony convictions.
Exclusions:
While this law offers hope for many, there are certain offenses for which sealing will not be available. These include dangerous offenses, crimes against children, serious violent or aggravated felonies, offenses involving deadly weapons or serious physical injury, sex trafficking, and sex offenses or exploitation of minors.
Seeking Legal Assistance:
If you believe you are eligible to have your conviction expunged or sealed, it's crucial to seek legal representation. An experienced attorney can guide you through the intricacies of the process and ensure that your petition is handled effectively. At Allied Defense, we are dedicated to helping individuals navigate this important matter so they can move forward with their lives, free from the burdens of past convictions.
Conclusion:
Arizona's petition to seal criminal records represents a significant step towards rehabilitation and reintegration for individuals with past convictions. By providing a path to clean up individuals' criminal records, the state is offering hope and opportunity to those who have paid their debt to society and are ready to rebuild their lives.
If you're ready to take the first step towards a brighter future, don't hesitate to reach out to us. We're here to help you navigate the complexities of sealing criminal records and reclaim your life. Let's work together to clear the path to a better tomorrow. Call us today at 602-341-5709 for a FREE consultation!