Introduction
As of January 1, 2023, Arizona has introduced new opportunities for individuals seeking to clear their criminal records. Whether you’ve been convicted of a low-level marijuana offense or another eligible crime, understanding the difference between expungement and record sealing is crucial. This blog post will guide you through these processes, explain who qualifies, and help you determine whether expunging or sealing your criminal record is a viable option for you.
What Is Expungement?
Expungement refers to the process of completely removing a criminal record from public access and law enforcement databases. In Arizona, expungement is currently limited to specific low-level marijuana offenses that occurred before November 30, 2020. These include:
– Possession of 2.5 ounces or less of marijuana
– Possession of marijuana paraphernalia
– Cultivation of up to 6 marijuana plants at home
If your conviction falls under one of these categories, expungement offers a fresh start, as it removes any trace of the offense from your record. Once expunged, you can legally state that you were never arrested or convicted for the offense in most situations.
What Is Record Sealing?
Record sealing is a broader process available for various misdemeanors and certain felonies in Arizona. While sealing does not completely erase your record, it does hide it from public view. This means potential employers, landlords, and other non-governmental entities cannot access the sealed records, offering you more privacy and protection.
However, sealed records remain accessible to law enforcement and certain government agencies. If you’re eligible for record sealing, you can get the records sealed, which allows you to legally deny the existence of the arrest or conviction in most circumstances, much like expungement.
Eligibility Criteria
Expungement:
– Restricted to specific marijuana-related offenses under Prop 207.
– Offenses must have occurred before November 30, 2020.
Record Sealing:
– Available for a wider range of misdemeanors and some felonies.
– You must have completed all terms of your sentence, including probation and payment of fines or restitution.
– There is a waiting period (2, 3, 5, or 10 years) after completing your sentence, depending on the offense.
– No subsequent convictions (except for minor traffic offenses) are allowed during the waiting period.
How to Apply for Expungement or Record Sealing
The process for expunging or sealing your record in Arizona involves several steps:
1. File a Petition: Submit a petition to the court where your case was heard.
2. Notify the Prosecutor: The prosecutor will be informed and has 30 days to object to your petition.
3. Court Review: If the court approves your petition, an order to seal or expunge the records will be issued.
While it is possible to navigate this process independently, consulting with an attorney is highly recommended. The legal process can be complex, and an experienced attorney can ensure your petition is properly handled, increasing the likelihood of a favorable outcome. The risk of filing a petition on your own is that you may end up filing a petition that is premature or lacks the necessary information for the Court to grant it, which would result in the denial of the petition. Once a petition is denied, you are not eligible to reapply for three years. Having an attorney handle this for you means having someone with expertise make sure that the petition has a fair chance of getting granted and thereby minimize the risk of a denial.
Limitations and Exceptions
While expungement and record sealing offer significant benefits, they are not without limitations:
– Expungement is limited to specific marijuana-related offenses.
– Sealed records remain accessible to law enforcement and some government agencies.
– Certain offenses, such as serious violent crimes, may not be eligible for sealing.
– Even if your record is sealed, certain employers, especially in sensitive industries, may require you to disclose sealed records.
Conclusion
Expunging or sealing your criminal record can provide you with a much-needed second chance. However, understanding the nuances of these legal processes is essential. Whether you’re eligible for expungement of a low-level marijuana offense or seeking to seal other criminal records, having the right legal guidance is crucial.
If you’re considering expunging or sealing your criminal record, contact my office today. With extensive experience navigating Arizona’s criminal system, I can help you determine the best course of action and assist you throughout the process.
