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How To Get Your Record Expunged in Arizona

December 30, 2019

If you have a criminal conviction, charge, or arrest on your record, you may be wondering how to get your record expunged in Arizona, or if you’re even able to at all. Fortunately, with recent changes to state legislation, residents of Arizona can have certain felony or misdemeanor convictions, criminal charges, and arrests expunged and have their records sealed from public view if certain eligibility criteria are met.

If you’re interested in having your record expunged, or you want to learn whether or not you are eligible for expungement, contact the Phoenix expungement lawyers at Belén Law Firm today. We’ll evaluate your case, handle the paperwork, and represent your interests to give you the best chance at success.

Contact us at (602) 715-0908 or reach out online today for a free consultation and let us help you take the first step toward a brighter future.

What Does Expunged Mean in Court?

In court and the legal world, to “expunge” means to remove someone’s prior criminal conviction from his or her criminal record. In many states, true expungement involves completely removing the crime from the person’s criminal record, as if it never happened. However, this is not the case in Arizona, as we’ll discuss below.

Expungement vs. Record Sealing

In general, expungement involves permanently erasing a criminal record, making it as though the offense never occurred, while record sealing restricts access to the records but does not erase them. Sealed records can’t be accessed by the public, like when employers conduct criminal background checks, but they can still be accessed by certain law enforcement agencies.

In Arizona, what many refer to as “expungement” is much closer to record sealing, as Arizona law only allows residents to seal their past case records. However, this is still more beneficial (and closer to true expungement) than the state law from just a few years ago, which only allowed for set-asides.

Expungement vs. Set Aside

Expungement and set-asides both allow individuals to seek relief from the impact of a criminal record, but they work differently. Expungement typically removes a crime from someone’s record, making it inaccessible to most parties, or erases it from their record completely.

In contrast, a set aside indicates that a conviction has been nullified or dismissed after completing the sentence, but the record of the conviction still exists. In Arizona, set-asides do not seal or erase the record; instead, they show that the court has vacated the judgment of guilt.

Set-asides offer partial relief, such as helping with employment or housing applications, but leave the record accessible to the public unless it is sealed under Arizona’s record-sealing law.

Does a Misdemeanor Stay On Your Record in Arizona?

Yes, a misdemeanor stays on your criminal record in Arizona and will stay there indefinitely, unless you take legal action to have it addressed. Arizona does not automatically remove criminal records, so the misdemeanor remains visible on background checks unless you petition the court for relief, such as sealing the record.

Under Arizona’s record-sealing law, you may be eligible to seal a misdemeanor record after completing all terms of your sentence and waiting through the mandatory waiting period for your sentence:

Class 1 misdemeanor: three years
Class 2 or 3 misdemeanor: two years

How Long Does a Felony Stay on Your Record in Arizona?

In Arizona, felony convictions will also stay on your record permanently unless you take steps to address them. Certain felonies can be sealed under Arizona law after you’ve completed all sentence requirements and waited a designated period of time:

Class 2 or 3 felony: ten years
Class 4, 5, or 6 felony: five years

Prior or subsequent convictions of felony crimes may extend this waiting period.

Additionally, under Arizona’s expungement law, a prior criminal conviction, such as a felony, can still be used against you to enhance future felony charges, even if that specific felony has been sealed. This is because Arizona’s expungement law does not fully remove the crime from your criminal record, it simply seals the record from public view, and certain law enforcement agencies may always have access to any prior felony conviction on your record.

Can You Get Your Criminal Record Expunged in Arizona?

In Arizona, you can petition to have your criminal record sealed under laws that took effect on January 1, 2023. Arizona’s expungement law allows someone who has completed their sentence and met other criteria to seal their record, restricting public access and providing them with a path to move forward with their life following their arrest, charge, or conviction of a criminal offense.

ARS 13-911

A.R.S. § 13-911 outlines the process and requirements for sealing criminal records in Arizona. Under this Arizona law, you can have your criminal record sealed if you were:

Convicted of a crime and have completed all of the terms and conditions of the sentence, including all payments of fines and victim restitution
Charged with a crime but the court dismissed your case or you were given a not-guilty verdict
Arrested for a crime but no charges were filed

However, only certain crimes can be expunged. If you were convicted of a serious offense, such as a violent or aggravated felony, or your crime involved the use of a deadly weapon, you may not be eligible for record sealing.

Additionally, you will only be eligible for record sealing under Arizona law after two to ten years from the completion of your sentence, depending on the severity of your charge. If you have any prior felony convictions on your record, you must wait an additional 5 years after the completion of your sentence before you can apply to have your record sealed.

What Crimes Can Be Expunged?

Under Arizona’s record-sealing law, many offenses are eligible for sealing after meeting specific requirements, but certain crimes are excluded. Class 2, 3, 4, 5, and 6 felonies, as well as all misdemeanor crimes, may be expunged under Arizona law, with certain exceptions.

Crimes that can be sealed typically include:

Non-violent felonies.
Drug possession or paraphernalia charges.
DUI offenses (except extreme cases involving serious harm).
Misdemeanor theft or property crimes.
Disorderly conduct or trespassing charges.

Crimes involving violence, dangerous offenses, or serious felonies are generally not eligible.

Where Do I Go to Expunge My Record?

In Arizona, petitions to seal records must be filed in the court where the case was handled. For those in Phoenix, this typically means the Maricopa County Superior Court or the other local municipal or justice court that handled the original charges. If the case was dismissed or no charges were filed, petitions are filed in the court of the initial appearance or in the county’s superior court.

If you’re interested in going through the expungement process in Arizona, a criminal defense attorney can walk you through the process of sealing your case records in your local area.

How To Expunge a Misdemeanor in Arizona

To seal your criminal record for a misdemeanor offense in Arizona, you must first ensure that you have completed all terms of your sentence, including any probation, community service, and the payment of fines or restitution. Once eligible, file a petition in the court where your case was handled.

The court will review your petition, considering factors like your compliance with sentencing and the time elapsed since completing your sentence. If the court determines that sealing the record is in your best interest and does not pose a risk to public safety, your misdemeanor record can be sealed. For guidance, you may consult legal resources or an attorney experienced in Arizona expungement laws.

How To Expunge a Felony in Arizona

In order to seal a record for a felony crime in Arizona, you must first complete all terms of your sentence, including probation and the payment of fines or restitution. Additionally, you must wait the required period based on the felony class. Once eligible, file a petition in the court where your case was handled, providing evidence of rehabilitation and compliance with court orders.

The court will evaluate your petition and may grant it if doing so is deemed in your best interest and consistent with public safety. However, it’s important to note that only certain criminal offenses can be sealed in Arizona, so it’s important to discuss your case with an attorney to determine your eligibility.

How a Criminal Defense Attorney Can Help With Expunging Criminal Records in Arizona

Being convicted of an offense can leave you with a permanent criminal history, which can create significant obstacles for you in your personal and professional life. It may reduce your housing or employment opportunities, disqualify you from financial aid, make you unable to acquire a professional license needed to advance your career, or limit your personal freedoms. However, if a court grants you an expungement in Arizona, you may be free from the burden of your past mistakes, allowing you to move forward with your life.

That’s why it’s important to work with an experienced criminal defense attorney at Belén Law Firm to ensure you have the best possible chance at securing an expungement. Led by Attorney Belén Olmedo Guerra, our team will guide you through every step of the process, from ensuring eligibility to filing the necessary petitions and ensuring your case is presented effectively in court.

We’re here to advocate for your best interests at every step, helping to reduce the long-term consequences of your criminal record. Let us help you reclaim your future.

Call the Phoenix Expungement Attorneys at Belen Law Firm For a Free Consultation Today

If you’re ready to take the next step toward a brighter future, contact a Phoenix criminal defense lawyer at Belén Law Firm today. Clearing or sealing your criminal record can open the door to better job opportunities, housing options, and peace of mind. Our attorneys can determine whether you’re eligible for expungement in Arizona and help you remove any prior criminal convictions, charges, or arrests from your record.

Call (602) 715-0908 or contact us online to schedule a free conusltation with a member of our team to discuss your legal options for record sealing moving forward.

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