If you’ve ever been arrested or convicted of a crime in Arizona, you know firsthand how it can affect your future job prospects, housing options, and even educational opportunities. Thankfully, there may be ways to clear certain records so you can move on with your life.
By learning about Arizona’s expungement laws, defendants put themselves in a better position to restore their rights and get a fresh start. If you have questions about whether you qualify or how to begin the process, a criminal defense attorney in Tucson, AZ can help you.
Expungement vs. Setting Aside a Record
Under the updated expungement law in Arizona (ARS § 13-911), expungement now involves sealing a criminal record from the majority of public databases. This means that once your record is expunged, it is generally not accessible in most background checks.
This marks a shift from the previous system, where individuals could only seek to have their conviction “set aside.” While setting aside a conviction indicates that the case is resolved, it does not eliminate the record from public view. In contrast, the expungement process removes the record from public access, offering greater privacy and giving individuals a better chance at a fresh start.
Eligibility For Expungement in Arizona
New legislation offers fresh opportunities for some people looking to clear their records. If you meet one of the following criteria, there’s a chance you can petition for expungement and move past your criminal history:
You Were Arrested, But Never Charged
Some individuals are arrested, yet the state never files formal charges. Under Arizona’s newer expungement laws, these innocent detentions may be eligible to be wiped from public records, removing the stigma that an arrest can bring.
You Were Charged, But Found Not Guilty or Had Your Charge Dismissed
Even if you were officially charged, being found not guilty or having your charges dropped could clear a path toward full expungement. If the legal process ended without a conviction, you could qualify to have that record sealed from most background checks.
You Were Convicted, But Have Fully Satisfied Your Sentence
Meeting all court-imposed requirements (such as jail, probation, fines, and community service) often fulfills a basic requirement for expungement. The court will look at whether you complied with every term, which demonstrates readiness to move beyond past mistakes.
Convictions Ineligible For Expungement in Arizona
Under Arizona’s new law, not all crimes can be erased from your record. The following are often excluded, meaning courts will generally not allow these charges to be expunged:
- Murder: This includes both first-degree and second-degree murder, as well as any related homicide charges.
- Capital Offense: Crimes punishable by the death penalty or life imprisonment typically cannot be expunged.
- Assault with a Deadly Weapon: Offenses that involve serious bodily harm or the use of a weapon are rarely eligible for record clearance.
- Sexual Offenses: Crimes of a sexual nature, especially those involving minors, are generally ineligible for expungement.
- Certain Drug Offenses: Individuals convicted of certain drug offenses, such as the distribution or selling of marijuana, will not be eligible for expungement.
If you have questions about whether your charge qualifies for expungement, contact a criminal defense lawyer at Katsarelis Law Criminal Defense Attorneys to clarify your options. Call us today at (520) 510-0439.