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How Long Does a Domestic Violence Charge Stay on Your Record? [Arizona]

How Long Does a Domestic Violence Charge Stay on Your Record?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

A plain-English guide from Tamou Law Group, PLLC, Arizona criminal defense attorneys available 24/7.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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  • Dismissal: If your charges are dismissed, the arrest and charge may still appear on your record unless you take steps to have them expunged or sealed.
  • Conviction: A conviction for domestic violence will remain on your record permanently unless you qualify for and successfully complete a set-aside process.
  • Not Guilty Verdict: Even if you’re found not guilty at trial, the initial charge may still appear on your record unless you take action to have it removed.
  • Loss of firearm rights
  • Negative impact on child custody and visitation rights
  • Professional licensing issues
  • Difficulties with housing applications
  • Potential immigration consequences for non-citizens

Understanding Arizona’s Domestic Violence Laws

Arizona takes domestic violence cases very seriously. Under Arizona Revised Statute (ARS) 13-3601, domestic violence is not a standalone crime but rather a designation added to other offenses when they occur within specific relationships. This can include relationships between spouses, former spouses, people living together or who have lived together in the past, people who have a child in common, or are currently or were previously in a romantic or sexual relationship.

The penalties for domestic violence offenses can be severe. Even a first-time misdemeanor domestic violence conviction can result in fines, probation, and mandatory domestic violence classes. Repeat offenses or more serious incidents can lead to felony charges, which carry potential prison sentences and even more significant long-term consequences.

The Impact on Employment and Housing

A domestic violence charge or conviction can significantly impact your ability to secure employment or housing. Many employers conduct background checks as part of their hiring process, and a domestic violence charge may raise red flags, especially for positions that involve working with vulnerable populations or in positions of trust.

Similarly, landlords often run background checks on potential tenants. A domestic violence charge or conviction could make it more difficult to rent an apartment or house, as landlords may view it as a potential risk to other tenants or property.

Protecting Your Rights

If you’re facing domestic violence charges in Arizona, it’s essential to understand and protect your rights throughout the legal process. This includes:

  1. The right to remain silent: You are not obligated to speak to law enforcement without an attorney present.
  2. The right to an attorney: You have the right to legal representation, and it’s advisable to consult with a Phoenix domestic violence lawyer as soon as possible after being charged.
  3. The right to a fair trial: If your case goes to trial, you have the right to present your case and challenge the evidence against you.
  4. The right to appeal: If you’re convicted, you may have the right to appeal the decision under certain circumstances.

Understanding and exercising these rights can significantly impact the outcome of your case and the long-term consequences on your record. It’s crucial to work closely with your attorney to ensure these rights are protected throughout the legal process.

Resources for Those Facing Domestic Violence Charges

If you’re facing domestic violence charges in Arizona, there are resources available to help you. Legal aid organizations, counseling services, and educational programs for offenders can provide support and guidance throughout the process. Some helpful resources include:

  • Arizona State Bar Association: Offers referrals to qualified attorneys and legal aid services.
  • Arizona Coalition to End Sexual and Domestic Violence: Provides resources and support for both victims and offenders.
  • Arizona Courts Self-Help Center: Offers information on court processes and forms for those representing themselves.

These resources can provide valuable information and support as you navigate the legal process and work to address the underlying issues that may have contributed to the domestic violence charge.

Steps to Take After a Domestic Violence Charge

If you’ve been charged with domestic violence in Arizona, consider taking the following steps:

  1. Contact an experienced criminal defense attorney immediately.
  2. Comply with any court orders or conditions of release.
  3. Gather any evidence that may support your case, including witness statements or documentation.
  4. Consider enrolling in anger management or domestic violence prevention classes voluntarily.
  5. Avoid contact with the alleged victim unless explicitly permitted by the court.

Taking these proactive steps can demonstrate your commitment to addressing the situation and may positively influence the outcome of your case. It’s important to discuss any actions you plan to take with your attorney to ensure they align with your legal strategy.

A domestic violence charge in Arizona can have long-lasting effects on your record. While charges and convictions typically remain on your record indefinitely, there are legal avenues to potentially minimize their impact. Understanding your rights and options is crucial in navigating this complex legal landscape and protecting your future. By taking proactive steps, seeking legal counsel, and utilizing available resources, you can work towards mitigating the long-term consequences of a domestic violence charge on your record.

Facing Criminal Charges? Get Top-Tier Legal Representation

Tamou Law Group PLLC is a distinguished Arizona-based criminal defense law firm. Founded by Michael Tamou on principles of integrity, professionalism, and dedication, our mission is to provide top-tier legal representation to clients facing criminal charges throughout Arizona.

Our Phoenix criminal defense lawyers are committed to defending your rights and achieving the best outcome for your case.

Call our offices today at 623-321-4699 or fill out one of our short contact forms.

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Common Questions

Frequently Asked Questions

How long does a domestic violence charge stay on your record in Arizona?

A domestic violence charge stays on your Arizona record permanently unless you obtain a set-aside or have the record sealed under A.R.S. 13-911. Even dismissed charges and not-guilty verdicts leave an arrest record visible on background checks until you petition the court to seal it.

Can you get a domestic violence conviction expunged in Arizona?

Arizona does not offer traditional expungement for domestic violence convictions, but you can petition to set aside the conviction under A.R.S. 13-905 or seal the record under A.R.S. 13-911. A set-aside dismisses the judgment of guilt, while sealing hides the record from most background checks.

Does a dismissed domestic violence charge show up on a background check in Arizona?

Yes, a dismissed domestic violence charge can still appear on Arizona background checks because the arrest and charge remain public record until sealed. You must petition to seal the case records under A.R.S. 13-911, which you can do immediately after a dismissal or acquittal.

Is domestic violence a felony or misdemeanor in Arizona?

Domestic violence in Arizona can be either a misdemeanor or a felony because A.R.S. 13-3601 is a designation attached to underlying offenses like assault or disorderly conduct. A third domestic violence offense within 84 months becomes aggravated domestic violence, a class 5 felony under A.R.S. 13-3601.02.

How long do you have to wait to seal a domestic violence record in Arizona?

You must wait two to three years after completing your sentence to seal a misdemeanor domestic violence conviction in Arizona, and five to ten years for felonies, under A.R.S. 13-911. Dismissed charges and not-guilty verdicts have no waiting period and can be sealed right away.

Do you lose your gun rights after a domestic violence conviction in Arizona?

Yes, even a misdemeanor domestic violence conviction triggers a lifetime federal firearms ban under 18 U.S.C. 922(g)(9), and Arizona felony convictions also strip gun rights under state law. Successfully setting aside the conviction under A.R.S. 13-905 may help restore firearm rights in some cases.

What does a set-aside do for a domestic violence conviction in Arizona?

A set-aside under A.R.S. 13-905 dismisses the judgment of guilt and releases you from most penalties, but the conviction still appears on your record with a notation that it was set aside. Employers and landlords often view a set-aside favorably, and it can support license applications.

Can a domestic violence charge affect child custody in Arizona?

Yes, under A.R.S. 25-403.03 Arizona courts presume that awarding legal decision-making to a parent who committed domestic violence is not in the child’s best interests. Acting quickly to fight the charge protects your record and your parenting rights. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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