Sealing of Criminal Offenses under SB 1294 - Arizona's New Form Of Expungement Law

Arizona Expungements: Beginning January 1, 2023, a new law enacted in Arizona will allow a person to file a petition to seal any and all case records related to a criminal offense if the person:

  1. Has completed all of the terms and conditions of their probation or sentence that was imposed by the Court.  This would include any probation obligations and money owed to the State or Victims for purposes of fines or restitution.
  2. If there was a not guilty verdict for a charged criminal offense or if the criminal offense was dismissed for any purpose.  This could include any arrest for criminal offenses and no charges were ever filed.

Why Does This Help?

This new law helps those who wish to seal a record in which they believe would be utilized against them, most likely, for purposes of employment.  The new law would allow those who receive the “Arizona expungement” to state they have never been arrested for, charged, with, or convicted of a criminal offense in response to an employers request for such information.  Although there are exceptions to this, they are unique to each situation.

Additionally, for purposes of employment liability, employers would have the ability to have limited liability under state law for hiring those with sealed records.  Under the new law, this would essentially serve as a barrier for liability.

"Arizona Expungement"

Arizona Expungements will allow an individual who is eligible to seal certain criminal records from public notice and employers.  This is most helpful when certain types of offenses could be seen as liability with certain career opportunities.

"Arizona Motions to Set Aside"

While a Motion to Set Aside does not seal any record, it may help increase employment opportunities by showing employers that a Judge or Commissioner has generally agreed that with the offense committed should be considered as something in your past.  Motions to Set Aside also show that you care about your record and that you are doing everything you can to show rehabilitation after the fact.

How Do I Know Which Opportunity Is Best for Me?

Contact us to find out which opportunity would best fit your needs.  When it comes to applying for Arizona Expungement or an Arizona Motion to Set Aside, each offense is unique requiring certain documentation.  To request a free initial consultation with an attorney at Tamou Law Group, please call 602-618-1385 or inquire online day.