Expungement in Arizona

 

What is a criminal record, and why do you not want one?

 

When you are convicted of a crime in the state of Arizona, whether it’s a minor misdemeanor or a serious felony, it goes onto your criminal record. Even after you’ve paid your dues to society, the crime stays there for all the world to see, and can negatively impact your ability to get a job, obtain certain licenses, find a place to live, and possibly even vote. In short, carrying that crime around with you for the rest of your life can make even simple things very difficult for you.

 

But there is a way to avoid this and make it at if that conviction never happened as far as the public at large knows: get it expunged from your record.

 

What does expungement mean in Arizona?

 

Put simply, expungement is a process whereby a crime you committed in the past is removed from your record. After a set amount of time has passed, federal law has statutes in place that let people petition to have their criminal records expunged. States have laws of their own on this matter, and some don’t even allow for expungement, but thankfully Arizona does.

 

The state of Arizona calls the expungement process “setting aside a judgment,” and allows both felony and misdemeanor convictions to be cleared from your record. If your petition for expungement in Arizona is accepted, it will improve your chances at getting to vote, being able to hold a license to carry a firearm, receiving employment, and there will be a note in your criminal record that says the charges for which you were convicted were dismissed. All of these things can make life easier after serving your sentence.

 

What is the expungement process in Arizona?

 

By Arizona law, some crimes simply cannot be expunged from your record. These include:

 

• crimes of serious physical injury
• using a deadly weapon
• sexual crimes
• crimes involving minors (under 15 years old)
• driving violations where the license was already suspended

 

Beyond these listed crimes, it is possible for all others to be expunged from your criminal record. The only first step you have to meet to begin expungement for any crime is that you must complete your criminal sentence, including any probation period afterward. After that is done, you may put in a petition requesting that your conviction be set aside or expunged.

 

Can a DUI be expunged in Arizona?

 

Yes. While driving under the influence, or DUI, is an offense that Arizona takes very seriously, it is a crime that can be set aside from your record so that no one in the public at large needs to know that you received the charge. You will need to complete any sentencing and meet any other conditions demanded of you at your conviction, including completing any probation period, and then you can petition for the record to be set aside. The crime will be removed from your record like it never took place once your expungement is approved.

 

How do Arizona misdemeanor expungements work?

 

Just like with a driving under the influence conviction, a misdemeanor has the potential to be expunged from your record after you serve whatever time required from your sentence and meet any other requirements. You would then be allowed to petition for expungement and, if approved, a note would appear on your record in place of the conviction, saying that the crime has been set aside.

 

While your conviction will still appear on your record to police and other law enforcement officials, employers and the public at large won’t be able to see it, giving you the legal ability to say that you have not been convicted of any crimes. This is especially useful when applying for jobs, since you don’t have to reveal a conviction that could hurt your chances of getting the position.

 

How do felony expungements in Arizona work?

 

Felonies can be set aside just like any other Arizona crime not listed above, and the same basic things are required before you can petition – complete your sentence and be done with probation. The only real difference with a felony is that the more serious nature of the crime can make it less likely that the deciding agency will approve the expungement. Unfortunately, the decision is made on a case-by-case basis, and there is little that you can do to influence the outcome.

To ensure that you follow the process of requesting an expungement correctly, you can seek the help of a qualified Arizona lawyer.