A criminal conviction can be a heavy burden to bear. Long after you make a mistake or reform your life, it can have a serious impact on your life. It can impact your ability to get a job, public housing, student loans, or a professional license – and may even impact your immigration status.
Beginning in 2022, Arizonans with a criminal record may be able to have these records sealed. While getting your record sealed won’t “erase” your conviction like an expungement, it can allow you to state on employment, housing, financial aid, and loan applications that you have never been arrested for or convicted of the criminal offense. Our Maricopa County criminal defense attorneys can help you determine your eligibility for having your record sealed under this new law – and can guide you through the process.
At Matthew Lopez Law, we are fierce advocates for people who have been charged with all types of crime, including DUI, drug charges, traffic violations, and sexual assault. We offer free initial consultations to help you understand your legal rights and options. Reach out to our law firm today to talk to a Phoenix expungement attorney about your case.
How Arizona’s New Laws May Affect You
In 2020, Arizona voters passed Proposition 207. This law allows a person with convictions for minor marijuana offenses to have their record expunged. It has already helped many Arizonans make a fresh start in life.
In 2022, Arizona enacted another law that is designed to help people with certain criminal convictions get a fresh start. Starting on December 31, 2022, Arizona began allowing individuals with criminal convictions to apply to have these convictions expunged pursuant to A.R.S. § 13-911.
Expungement under this law will effectively seal criminal case records after the convicted individual has completed all terms and conditions of the sentence imposed by the Court. According to a Memo released on 8/1/2022 by Dave Byers, Director of the Administrative Office of the Courts, unlike the expungement of marijuana-related “records under Prop 207, the sealing of records under” this new expungement law “does not restrict access of the sealed records by law enforcement, prosecutors, and others who are performing specific types of background checks or clearances; nor does it restrict the use of sealed criminal case records in the assertion of prior arrests or convictions. What this new law does do is remove the case records from public access and allow an individual to state that they have never been arrested for, charged with, or convicted of a crime that is the subject of the arrest or conviction, including in response to questions on employment, housing, financial aid or loan applications.”
This distinction between sealing and expungement is important. When a criminal record is expunged, it is effectively erased – as though it never happened. When a criminal record is sealed, it is not available to the public and is only available to certain government agencies.
When your criminal record is sealed, you can truthfully answer that you haven’t been arrested, charged with, or convicted of that crime (or crimes) on job, financial aid, loan, or housing applications. However, law enforcement agencies and some licensing agencies will still be able to access that record – so it does not “disappear” completely.
Having your criminal record sealed is still beneficial, even if it isn’t as far-reaching as an expungement. Many of the roadblocks that people with criminal convictions face – such as losing out on job opportunities because they have to “check the box” for a conviction – will be removed when your criminal record is sealed. For many Arizonans, getting your criminal record sealed is a great way to get a fresh start in life.
How Do I Get My Criminal Record Sealed in Arizona?
Many people with criminal histories in Arizona are eligible to have those records sealed. To qualify for sealing, you must (1) meet the requirements; and (2) file a petition with the court.
Expungement/sealing is not available for all criminal offenses in Arizona. Expungement will not be available for the following offenses:
- Dangerous offenses (as defined in ARS 13-704)
- Dangerous Crimes Against Children (as defined in 13-705)
- Serious, Violent, or Aggravated felonies (as defined in 13-706)
- Any offenses involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument; or the knowing infliction of serious physical injury on another person
- Sex Trafficking (as defined in 13-1307)
- Sex Offenses and/or Sexual Exploitation of Minors (as defined in Chapter 14 or 35 of the Arizona Revised Statutes)
If you were convicted of an offense other than one of the above, you might be able to have the record expunged (for a minor marijuana conviction) or sealed (for other convictions).
To be eligible, applicants must complete all terms and conditions of the sentence imposed by the Court (including paying all fines, fees, and restitution). If you have not completed the terms of your sentence – such as completing any community service hours – then you cannot apply to have your record sealed.
There is also a waiting period for getting your record sealed. You must apply after the waiting period required for the specific class of misdemeanor or felony that you want to have expunged. The waiting periods are as follows:
- Class 2 or 3 felonies = 10 years
- Class 4, 5, or 6 felonies = 5 years
- Class 1 misdemeanors = 3 years
- Class 2 or 3 misdemeanors = 2 years
Some additional waiting periods may apply for individuals with prior felony convictions.
If you qualify to have your record sealed or expunged, you will then need to file a petition with the court. This petition requires you to input a lot of detail about your criminal history. If you have supporting documentation, such as an order of discharge from probation, you should also attach it to the petition. If you don’t fill out the form correctly, provide enough information, or give inaccurate information, the petition may be denied.
Our law offices can assist you with determining if you are eligible for expungement based on your criminal record and current status. We can also complete your expungement petition for you, drafting an accurate petition complete with supporting evidence. Throughout the process, we will provide you with advice and guidance and help you understand your rights.
Interested in Expungement? Give Us a Call.
Having your criminal record sealed or expunged can be life-changing. The process can be daunting if you aren’t familiar with the legal system. Our law firm can help you file a successful petition so that you can move forward with your life.
If you think you might be eligible to have your conviction(s) expunged or sealed, you should hire an attorney to handle this important matter on your behalf. Beginning on January 1, 2023, Matthew Lopez Law will begin accepting expungement cases for Maricopa County. We look forward to being able to help you get this process completed so you can move forward without the conviction impeding your ability to get employment, housing, financial aid, and so much more.
Contact Matthew Lopez Law today at 480-608-9998 or fill out our online contact form to schedule a free consultation with a Phoenix expungement attorney.