In previous years, the only option for people in Arizona who wanted to move on from old criminal convictions was getting certain records “set aside,” which helped to some extent but still allowed public access to potentially harmful details. Now, though, Arizona has joined most other states in the country in setting out formal procedures for having criminal records “expunged” and completely removed from public view if certain prerequisite conditions are met.
However, that does not mean getting a criminal record expunged is available in every situation or that it is easy to achieve when it is a valid option, especially if you try to go through the process without a skilled criminal defense attorney’s assistance. Fortunately, you have support available from the experienced Phoenix, AZ expungement lawyers at Phillips Law Group, where we have decades of experience helping people like you from all over the area get the best possible results from their legal proceedings.
When Is Expungement Possible in Arizona?
Arizona Revised Statutes §13-911 is the section of state law that allows residents to petition a court for the “expungement”—meaning the permanent sealing—of all records related to a criminal case. Under this statute, expungement is possible under three specific circumstances: if someone is arrested for a criminal offense but never has charges formally filed against them, if someone has a criminal charge against them dismissed or is found not guilty at trial, or if someone was convicted of a crime and has since completed all court-imposed terms and conditions of their sentence.
However, this statute also explicitly disqualifies certain offenses from eligibility for expungement — for example, any offense involving the infliction of “serious physical injury” on another person. As a Phoenix, AZ expungement attorney can affirm, there are also different waiting periods based on the severity of the offense in question that must pass before petitioners are allowed to file for expungement. These range in length from two years after the completion of a court-ordered sentence for a class 2 or 3 misdemeanor to 10 years after the completion of a sentence for a class 2 or 3 felony.
What Expungement Does and Does Not Do
This new modern form of expungement in Arizona renders the relevant criminal record(s) completely invisible and inaccessible to the general public, meaning they will not show up during standard background checks for jobs or housing. If applicable, expungement of a felony criminal charge will also restore any civil privileges the petitioner lost due to their conviction, such as the right to own firearms and vote.
It is worth noting, though, that sealing records through expungement is not the same as erasing them altogether. An expunged record can still be used to enhance a later criminal charge based on the defendant’s prior felony conviction. There are also certain scenarios under which employers or government bodies may access expunged records, as a Phoenix, AZ attorney can explain in more detail during a free, no-obligation consultation.
Get Help From a Phoenix, AZ Expungement Attorney
Expungement of an old criminal record can be a great way to get a new lease on life in spite of a criminal past you have since moved on from. That said, you will need to be aware of numerous rules and restrictions for expungement if you want to get a good result from this kind of petition.
Retaining a skilled Phoenix, AZ expungement lawyer from Phillips Law Group will give you the best chances possible of getting the outcome you want from your petition. Call today to discuss your options with a member of our legal team.
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