Arizona expungement laws have a unique history. It is the only method of addressing a record that does not erase or seal it from public view. Under the new law, effective from January 2023, individuals eligible for expungement can have their records sealed in Arizona. This article provides more details about expungement in Arizona, including who is eligible and how an attorney can help.
What Does Expungement Mean in Arizona?
Under Arizona law, expungement refers to the removal or erasure of an individual’s criminal record. It also refers to sealing or destroying a record for an eligible person. If you are eligible for an expungement order in Arizona, your records can be erased or removed from public view. As a result, the process removes the criminal record as if the crime never happened.
Record expungement in Arizona is not a pardon for committing a crime. It also does not remove the conviction, but expungement effectively erases a criminal record and makes it invisible to landlords, employers, the courts, and the general public. This gives the individual a chance to start over, without the worry of their criminal conviction getting in the way of jobs or housing.
Who is Eligible for Expungement?
In the recent past, Arizona has passed multiple laws that have expanded the eligibility criteria for expungement. Under ARS § 36-2862, which became effective on July 12, 2021, individuals with criminal offenses involving marijuana can petition the court for an expungement of their records. This includes arrests, convictions, and other marks on the individual’s record that relate to marijuana crimes:
- Possession, consumption, or transportation of 2.5 ounces or less of marijuana, in which less than 12.5 grams is marijuana concentrate.
- Possession, transportation, cultivation, or processing of no more than six marijuana plants at the individual’s residence for personal use.
- Possession, usage, or transportation of paraphernalia related to the cultivation, processing, manufacture, or consumption of marijuana.
ARS § 13-911 is the other new expungement law in Arizona passed on July 9, 2021. It states that a person can file a petition for expungement of his or her records after meeting certain conditions:
- Charged with a criminal offense, but the charge was then dismissed or resulted in a not-guilty verdict at trial
- Convicted of a crime and completed all terms and conditions of the court-imposed sentence.
- Arrested for a criminal offense, but no charges were ever filed.
Excluded Offenses to Clear Your Criminal Record
Arizona’s expungement laws play an important role in encouraging rehabilitation and creating new opportunities for individuals with criminal histories. However, not all offenses qualify for record sealing. Some of the offenses that may not be expunged include:
- Serious violent offenses
- Class 1 felonies
- Certain sexual offenses
- The offense of knowingly inflicting serious bodily injury on another person
- Offenses involving the use, discharge, or threatening exhibition of a deadly weapon or dangerous instrument
What’s the Waiting Period for Record Expungement After Filing a Petition?
If you want to file a petition for the expungement of your records, you will have to go through a state-imposed waiting period. This waiting period begins after you complete your sentence. However, in some cases, you may be able to petition the courts earlier. Depending on the severity of the offense, the waiting period can be:
- Lower-grade misdemeanors: 2 years
- Class 1 misdemeanor: 3 years
- Class 4, 5, or 6 felony: 5 years
- Class 2 or Class 3 felony: 10 years
What’s the Difference Between Dismissals and Expungements?
Expungements and dismissals are often confused, but a few key differences exist between the two. When a case is dismissed, the record will show that the charges were brought agaiants you, but were dropped without a conviction. If you were arrested, a record of that arrest is still visible and available to the public.
Felony expungement Arizona, on the other hand, involves destroying all records of your arrest and any subsequent criminal case. Unlike a dismissal where a record of the case is still available, expungement ensures that the general public’s access to your records is eliminated. This means that potential employers, landlords, and other public parties cannot access your criminal record by conducting a simple online search.
How a Criminal Attorney Can Help You Expunge Your Records
The expungement laws in Arizona are full of legal jargon, confusing terms, fine print, and provisions that can be difficult for the average person to navigate. The best approach is to consult an expungement attorney to help you understand your expungement eligibility and the significance of the newly passed laws. Our lawyers at Schill Law Group will guide you on the best available path for erasing or sealing your record. Get in touch with us today.
