Expungement and Record Sealing in Arizona: A Fresh Start
Navigating life with a criminal record can be challenging, affecting everything from employment opportunities to housing prospects. Fortunately, the legal processes of expungement and record sealing can offer a fresh start. This blog will delve into what these processes entail, their benefits and limitations, and how Tamou Law Group PLLC can assist you in clearing your criminal record under Arizona law.
Understanding Expungement and Record Sealing
What is Expungement?
Expungement is a legal process that allows for the removal of a criminal conviction from your record. Once an expungement is granted, the record of your arrest, charge, or conviction is erased in the eyes of the law. In Arizona, expungement is often referred to as “setting aside” a conviction.
What is Record Sealing?
Record sealing, on the other hand, does not erase your record but rather restricts access to it. When a record is sealed, it is hidden from public view but still exists in the legal system. This means that while potential employers, landlords, and the general public cannot see your sealed record, it can still be accessed by law enforcement and other government agencies.
The Legal Framework in Arizona
Under Arizona law, the primary statutes governing the setting aside of convictions and record sealing are found in:
- A.R.S. § 13-907: This statute allows individuals to apply to have their judgment of guilt set aside upon fulfillment of the conditions of probation or sentence and discharge by the court.
- A.R.S. § 13-911: This statute outlines the process for petitioning to have arrest records sealed, provided certain criteria are met.
The Process of Expungement in Arizona
Step 1: Determine Eligibility
Before filing for expungement or record sealing, it is crucial to determine if you are eligible. Generally, most non-violent offenses qualify for expungement, but specific criteria must be met. For instance, you must have completed your sentence, including probation and payment of any fines or restitution.
Step 2: File a Petition
Once eligibility is established, the next step is to file a petition with the court. This petition must include details about your conviction, the completion of your sentence, and reasons why you believe the expungement or record sealing should be granted.
Step 3: Court Review and Hearing
After the petition is filed, the court will review your case. This review may include a hearing where you (or your attorney) will present your case. During the hearing, the court will consider various factors, including the nature of the offense, your behavior since the conviction, and any objections from the prosecution.
Step 4: Court Decision
Following the review and hearing, the court will decide whether to grant the expungement or seal your record. If approved, your conviction will be set aside or your record sealed, providing you with a clean slate.
Benefits of Clearing Your Criminal Record
Enhanced Employment Opportunities
A clean criminal record can significantly improve your job prospects. Many employers conduct background checks, and having a conviction set aside or sealed can remove a major barrier to employment.
Improved Housing Options
Landlords also commonly perform background checks, and a criminal record can make it challenging to secure housing. Expungement or record sealing can open up more housing opportunities.
Restoration of Civil Rights
In Arizona, setting aside a conviction can restore certain civil rights, such as the right to vote and the right to possess firearms, depending on the nature of the offense.
Peace of Mind
Clearing your criminal record can provide a sense of closure and allow you to move forward without the constant reminder of past mistakes.
Limitations of Expungement and Record Sealing
Not All Offenses Qualify
Certain serious offenses, such as those involving violence or sexual crimes, may not be eligible for expungement or record sealing.
Limited Availability
Even if your record is sealed or expunged, it can still be accessed by law enforcement and certain government agencies. This means that while the general public and most employers will not see your record, it is not completely erased.
No Guaranteed Outcome
The decision to grant expungement or seal a record is ultimately up to the court, and there is no guarantee of a positive outcome.
Conclusion
Clearing your criminal record through expungement or record sealing can provide numerous benefits, from improved job and housing opportunities to restored civil rights and peace of mind. However, navigating the legal process can be complex and requires a thorough understanding of the applicable laws and statutes.
At Tamou Law Group PLLC, we are dedicated to helping you achieve a fresh start. Our experienced attorneys can guide you through the expungement or record sealing process, ensuring that you have the best chance of success. Contact us today at 623-321-4699 to learn more about how we can assist you in expungement and record sealing in Arizona, giving you a fresh start.
