A domestic violence conviction in Arizona carries consequences that go well beyond the courtroom and can affect everything from where you’re allowed to live to where you can work. Many people facing these charges understandably want to know how long the impact will last.
A domestic violence conviction can remain on your criminal record unless you qualify for and successfully obtain relief such as a set-aside or record sealing. Arizona does not use traditional expungement for adult criminal convictions, but state law provides other ways to address certain records.
How Arizona Law Handles Domestic Violence Charges
Domestic violence is not a standalone criminal charge in Arizona. Under A.R.S. § 13-3601, it functions as a designation that gets attached to other offenses when they involve someone with whom the accused has a qualifying relationship. That includes spouses, household members, romantic partners, and certain family members.
The underlying offense determines whether the charge is filed as a misdemeanor or a felony. The underlying offense determines whether the charge is a misdemeanor or felony, and repeat domestic violence offenses can lead to more serious charges.
If a person picks up a third domestic violence conviction within 84 months, the charge can be elevated to aggravated domestic violence, which is a Class 5 felony carrying up to two and a half years in prison.
A Domestic Violence Conviction Creates a Permanent Record
Once you are convicted of a domestic violence offense in Arizona, that conviction becomes part of your criminal history through the Arizona Criminal Justice Information System.
The state does not automatically remove old records after a set number of years. They remain accessible to entities like employers and landlords as well as the general public through court record databases.
The ripple effects of a conviction can be significant and may include:
- Loss of the right to possess a firearm under both state and federal law
- Restricted custody or visitation rights in family court proceedings
- Disciplinary action from professional licensing agencies
- Immigration consequences for non-citizens, including potential deportation
The stakes are about as high as they can get with these collateral consequences in mind.
What Legal Options Do I Have for Addressing My Record?
Although Arizona does not offer traditional expungement, you may have options for reducing the impact or public visibility of your criminal record. Eligibility depends on the offense, how the case ended, and other factors.
Set-aside
After completing the terms of an eligible sentence, you may apply to have the judgment of guilt set aside. A set-aside does not erase the conviction. Arizona’s Department of Public Safety instead updates the criminal history to show that the conviction was set aside. Certain offenses, including dangerous offenses, are not eligible.
Record sealing
Arizona law also allows eligible criminal records to be sealed. This option may be available when charges were dismissed, the defendant was acquitted, no charges were filed after an arrest, or an eligible conviction satisfies the applicable requirements and waiting period. Certain offenses cannot be sealed.
A criminal defense attorney can review your record and determine which options may apply.
Contact the Tucson Domestic Violence Lawyers at Katsarelis Law Criminal Defense Attorneys for Help Today
A domestic violence charge in Arizona can affect your personal and professional life long after the case ends. Understanding whether your record qualifies for a set-aside or sealing can help you determine your next steps.
Katsarelis Law Criminal Defense Attorneys can review your case and explain the options that may be available under Arizona law. Contact our Tucson domestic violence attorneys today to schedule a free consultation and discuss how we can help.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
