Arizona Expungements: Requirements, Process & What To Expect
Expungement has been an option available in most of the United States, except Arizona. The state takes crimes very seriously and until recently never allowed anyone to remove their criminal record completely. The state did allow records to be set aside and in some cases sealed, but removed altogether has never been an option.
As of recently, Arizona has changed a few of their laws and provides the ability to remove certain criminal records. However, the criteria is strict, there are important nuances to understand, and it is easy to make a mistake. This is why it is important to be in consultation with a Phoenix expungement attorney if you’re considering expungement, sealing, or setting aside a record.
What Happens If You Have a Phoenix Criminal Record Expunged?
When a person petitions to have their criminal record expunged, they are asking for it to be removed completely. It will be off of the criminal record and will be as if the crime never happened in the first place. Arizona allows for expungement of certain marijuana convictions, but that is all.
Other convictions do not qualify to be expunged, but instead can be sealed. This is a new law as of January 2023. Sealing does not erase the conviction altogether, but erases it from the general public’s view. It will still be visible to certain government entities and law enforcement. It gives individuals a new start in life.
Qualifications For Record Sealing In Arizona: Eligibility Requirements
While record sealing is not the exact same as expunging a record, it is very similar and after working with a Phoenix criminal defense lawyer to put together a petition, it can have a similar effect in your life. Records that are sealed are not visible to landlords, employers, courts, and the general public. Arizona does have stipulations as to who can seal their record. They are as follows:
- You must have completed your sentence including probation, fines, prison time, community service, etc.
- The crime must not fall under a serious crime such as any Class 1 felony, serious violent offenses, some sexual offenses, crimes that involved a weapon, or crimes that involved serious bodily harm.
- Your charge was dismissed or you were found not guilty
The Process Of Having Your Phoenix Criminal Record Expunged Or Sealed
Sealing a record is the most common action someone with a criminal record can take. It helps to work with a Phoenix criminal defense attorney to make sure you follow all the steps and experience the best possible outcome. To get your record sealed, you should follow these steps:
- Step 1- Gather your information: Work with your lawyer to gather your case number, the county you were tried in, arrests, convictions, and any other information related to your case.
- Step 2- File a petition: You will file a petition with the court where your case was heard. These petitions can be found online through county court websites.
- Step 3- Court review or hearing: The county prosecutor may receive your petition and object. In this case, a hearing will be scheduled with a judge. If there is no opposition, no hearing is needed and a judge will decide based on your petition if your record should be sealed.
- Step 4- The order is issued: If the court grants the order, your record will be sealed and no longer visible to the public.
If you are attempting to expunge your marijuana conviction, the process is the same, but you will be filing a different petition with the Arizona judicial branch.
Avoiding Common Mistakes When Sealing & Expunging a Record
There are several situations or mistakes that you can make that will impede your ability to expunge or seal your record. This is especially true because the process can be complicated. Working with a Phoenix criminal defense attorney will help you avoid many of these circumstances.
Not Meeting The Eligibility Requirements
There are a few crimes that are not eligible for record sealing and it is important to understand what they are. You cannot seal records that involve:
- Dangerous crimes
- Crimes requiring registration as a sex offender
- Crimes against children
- Serious crimes
- Violent crimes
Not Gathering The Necessary Documents
When you petition to have your record sealed or expunged, you will need to provide certain documents. Failing to do so will remove your changes at success. You must provide certified copies of your sentencing order or judgement of conviction, personal identification, and documents proving that you completed your sentence.
It can also help strengthen your petition if you provide your criminal history showing no new offenses and statements of recommendation from employers, mentors, or community leaders. Your lawyer will walk you through how to have a strong petition.
Not Disclosing all Information
It is crucial that you share all information about your criminal history. If you are not completely transparent, it could lead to a denial of your petition and even additional criminal charges. A Phoenix criminal defense attorney can help make sure all your rights are protected as you file for the petition and remain transparent.
Not Appearing For Hearings
In some cases, you will be required to attend a hearing for your expungement or record seal process. If this happens, you must attend the hearing or risk having your petition denied. You can have your attorney represent you during this process. This hearing often determines whether or not your petition will be accepted given any opposition.
Get Help With Your Record Sealing Or Expunged Record With An Experienced Phoenix Criminal Defense Attorney
As a former prosecutor, Attorney Davidson has extensive experience serving his clients in a wide variety of circumstances. He boasts a track record of success and is dedicated to justice and protecting the rights of the accused. When you are ready to expunge your record, he can walk you through the process step by step, ensuring you follow all regulations, and will push for a favorable outcome.
Don’t wait to get in contact with a Phoenix criminal defense attorney who can change the course of your life by wiping out your record. Contact us at Davidson Criminal Defense today for a consultation!
