Facing a criminal charge is a challenging experience, and the consequences can linger long after the case is resolved. From employment opportunities to housing applications, a criminal record can feel like a heavy anchor holding you back. Fortunately, Arizona offers a few legal pathways to minimize or erase the impact of a past conviction: record sealing and setting aside convictions.
If you’re ready to move forward in life, understanding these options is the first step. Here’s what you need to know about clearing your record in Arizona.
What Is Record Sealing in Arizona?
Record sealing essentially locks your criminal record away from public view. While the record still exists and law enforcement or government agencies may access it in certain circumstances, sealing it ensures that most employers, landlords, or other members of the public won’t see it during background checks.
Who Qualifies for Record Sealing?
In Arizona, record sealing is available to individuals whose cases were:
- Dismissed or resulted in acquittal.
- Dropped without charges being filed.
- Resolved with a favorable plea agreement or diversion program.
You may also qualify if:
- You’ve completed the terms of probation or incarceration.
- A prescribed amount of time has passed since the conviction.
A sealed record can offer significant peace of mind and open doors that may have previously been closed.
What Is Expungement?
Expungement refers to the complete removal of a criminal record, as if the offense never occurred. While this term is commonly used, Arizona doesn’t offer a traditional expungement process. Instead, the state provides options like record sealing or setting aside convictions (more on that below).
However, recent updates to Arizona law allow for marijuana-related offenses to be expunged under specific circumstances. If you were convicted of possessing, consuming, or transporting marijuana in amounts now deemed legal under state law, you may be eligible to have the record expunged entirely.
Setting Aside Convictions: Arizona’s Unique Option
Arizona offers an option called “setting aside” a conviction. This process doesn’t erase the conviction but essentially reduces its legal impact, indicating that you’ve successfully completed all court-ordered penalties and demonstrated rehabilitation.
What Does “Setting Aside” Mean?
When a conviction is set aside:
- It shows the case as dismissed on your record.
- Employers or landlords will see that the court determined you fulfilled your sentence and were deserving of a fresh start.
However, the original conviction may still appear on background checks, along with a note that it was set aside. I think of setting aside a conviction much like putting an asterisk next to a sport stat. The statistic is still there, but it has a different meaning than if there were no asterisk.
Who Is Eligible to Have a Conviction Set Aside?
Arizona law provides guidelines for who can request this relief. You may qualify if:
- You’ve completed all the terms of your sentence, including probation and restitution payments.
- Your conviction wasn’t for a disqualifying offense, such as certain serious violent crimes or crimes involving minors.
The court will also consider factors like:
- The nature and seriousness of the offense.
- Your behavior since the conviction.
- Evidence of rehabilitation or community involvement.
How Do These Processes Differ?
- Record Sealing: Makes your record inaccessible to the public but doesn’t erase it.
- Expungement: Completely removes the record (limited primarily to marijuana-related offenses in Arizona).
- Setting Aside: Reduces the conviction’s effect but doesn’t erase it.
Each option comes with different benefits and eligibility criteria, so choosing the right path depends on your circumstances.
How Can Clearing Your Record Help?
Whether you pursue record sealing, expungement, or a set-aside, the benefits can be life-changing:
- Employment Opportunities: Many employers exclude candidates with visible criminal records.
- Housing Applications: Landlords often deny housing to individuals with past convictions.
- Peace of Mind: You deserve to live without the constant fear of your past holding you back.
Why You Need an Attorney
The process of clearing your record isn’t automatic—it requires petitions, hearings, and a thorough understanding of Arizona law. Having an experienced attorney by your side ensures:
- Your petition is complete, accurate, and compelling.
- You meet all deadlines and procedural requirements.
- You have an advocate to argue your case effectively before a judge.
At The Law Office of Joel Chorny, PLLC, I’ve helped clients in Arizona move past their criminal records and reclaim their futures. I understand the legal system and how to navigate it to give you the best chance of success.
Ready to Reclaim Your Future?
If you’re ready to take the next step toward clearing your record, I’m here to help. Let’s work together to determine which option is best for you and begin the process of securing your fresh start.
Call today to schedule a confidential meeting to discuss your situation, your needs, and the best way to accomplish your goals. Your past doesn’t have to define your future.
Disclaimer: This blog post provides general legal information and should not be considered specific legal advice. I am licensed to practice law in Arizona, and the information provided here pertains to Arizona law. For guidance on your specific situation, consult an attorney in your jurisdiction.
