Lake Havasu Expungement Lawyer

If you have a criminal record in Arizona, it does not have to define the rest of your life.

A law that took effect in January 2023 gave Arizona residents something the state had never offered before: the ability to seal criminal records from public view.

Whether you were convicted of a misdemeanor years ago or had charges dismissed, you may qualify to have those records sealed under Arizona’s new record sealing statute.

A Lake Havasu expungement lawyer at Matthew Lopez Law can help you determine your eligibility and file the petition on your behalf.

How Arizona’s Record Sealing Law Works

Arizona passed Senate Bill 1294 in 2021, creating ARS 13-911, the state’s first record sealing law. Here is what you need to know:

• The law took effect on January 1, 2023
• SB 1639 in 2024 expanded eligibility by removing the extra five-year waiting period for people with prior felony convictions
• Before this law, Arizona was the only state in the country with no option to seal or expunge criminal records
• The only previous remedy was a “set aside” under ARS 13-905, which dismissed the conviction but left the record fully visible to employers, landlords, and the public

Record sealing under ARS 13-911 goes further than a set aside. When a court grants a sealing order:

• Records of your arrest, conviction, and sentence are removed from public view
• Private employers and landlords can no longer access them through standard background checks
• You can legally state that you have never been arrested for, charged with, or convicted of the sealed offense on most applications

Expungement vs. Set Aside vs. Record Sealing in Arizona

Arizona now has three separate legal tools for dealing with a criminal record. Understanding the differences matters because each one offers a different level of protection.

Set Aside (ARS 13-905)

• Dismisses the conviction but does NOT seal the record
• The public can still see the conviction on a background check
• Available after completing all sentence terms
• No waiting period required

Record Sealing (ARS 13-911)

• Hides the record from public view
• Employers and landlords cannot access sealed records through standard background checks
• Requires a waiting period after completing your sentence
• Law enforcement and courts can still access sealed records

Marijuana Expungement (ARS 36-2862)

• True expungement that deletes the record entirely
• Only applies to certain marijuana offenses that occurred before Proposition 207 took effect on November 30, 2020
• Records are no longer accessible to courts, law enforcement, or the public

For most people with a criminal record in Lake Havasu, record sealing under ARS 13-911 is the most practical and impactful option available.

Who Qualifies for Record Sealing in Arizona?

Under ARS 13-911, you may petition the court to seal your records if you fall into one of three categories:

1. You were convicted of an eligible offense and have completed all terms of your sentence, including fines, fees, and restitution
2. You were charged with a criminal offense, but the charges were dismissed or you were found not guilty at trial
3. You were arrested for a criminal offense, but charges were never filed

For dismissed charges and arrests where no charges were filed, there is no waiting period. You can petition to seal immediately.

For convictions, the waiting period depends on the severity of the offense:

Offense Classification	Waiting Period After Sentence Completion
Class 2 or 3 Misdemeanor	2 years
Class 1 Misdemeanor	3 years
Class 4, 5, or 6 Felony	5 years
Class 2 or 3 Felony	10 years

The 2024 amendments under SB 1639 removed the additional five-year penalty that previously applied to individuals with a prior historical felony conviction. This change made sealing accessible to more people.

What Offenses Cannot Be Sealed?

Not every conviction qualifies. ARS 13-911 excludes:

• Class 1 felonies (first and second degree murder)
• Sex trafficking convictions under ARS 13-1307
• Certain Class 2 through 5 felony sex offenses under Title 13, Chapter 14 and Chapter 35.1
• Offenses involving the knowing infliction of serious bodily injury
• Dangerous offenses involving deadly weapons
• Dangerous crimes against children under ARS 13-705

If your conviction falls outside these exclusions, you are likely eligible to petition for sealing.

Important Limits on Sealed Records

Sealing your record is powerful, but it is not the same as erasing it completely.

There are several situations where sealed records can still be accessed or used:

• Law enforcement, prosecutors, probation departments, and courts retain access
• A sealed conviction can still be used as a prior felony for sentencing enhancements in future cases
• Sealed records can be used for impeachment purposes during trial testimony
• Certain employers (law enforcement agencies, positions working with children or vulnerable adults) may still require disclosure
• Fingerprint clearance card applications still require disclosure of sealed convictions

However, for the vast majority of employment, housing, and financial aid applications, a person with a sealed record can legally state they have never been arrested for, charged with, or convicted of the sealed offense.

The Record Sealing Process in Arizona

Filing a petition to seal is a multi-step legal process:

1. Determine eligibility by reviewing your conviction, sentence completion date, and waiting period
2. File a petition with the court that handled the original case
3. The court clerk notifies the prosecutor, who then has the option to notify any victims
4. The court requests a background report from the Arizona Department of Public Safety (DPS)
5. A 30-day waiting period begins (unless the prosecutor and victim confirm no objection)
6. The court rules on the petition, granting it if sealing is in the best interests of the petitioner and public safety

The court must grant the petition if it determines that sealing serves both your interests and the safety of the public. If the prosecutor or a victim objects, the court may schedule a hearing before making a decision.

If a petition is denied, you must wait three years before filing again.

Why Hire a Lawyer to Handle Your Sealing Petition?

You are allowed to file a petition on your own. But having an attorney significantly improves your chances. Prosecutors sometimes object to sealing petitions, especially for felony convictions.

An attorney can:

• Confirm your eligibility before you file (avoiding a premature petition that triggers the three-year refiling bar)
• Prepare a thorough petition with supporting documentation
• Respond to prosecutorial objections
• Represent you at a hearing if one is scheduled
• Ensure the DPS background report is handled correctly

Getting this wrong can cost you three years. Getting it right can change the trajectory of your career, housing, and personal life.

Talk to a Lake Havasu Expungement Attorney About Sealing Your Record

Arizona’s record sealing law is the most significant criminal justice reform the state has passed in decades. If you have a criminal record that is holding you back from employment, housing, or other opportunities, you may be eligible to have it sealed.

Matthew Lopez Law helps clients across Arizona, including Lake Havasu City and Mohave County, petition to seal their criminal records. We handle the entire process from eligibility review to court filing.

Call us for a consultation. We will review your record, confirm whether you qualify, and walk you through every step of the process.