Arizona Criminal Record Expungement

Criminal Record Expungement

Having a criminal record can negatively impact nearly every aspect of your life. Because criminal records are public, they can be accessed by landlords, employers, loan officers, colleges, and other organizations that evaluate your applications. A criminal record may create challenges in securing employment, finding quality housing, qualifying for loans, and pursuing higher education.  Learn more about Arizona criminal record expungement.

The good news is that if you live in Arizona, there are legal methods to clear or mitigate your criminal record. Processes such as expungements, set asides, record sealing, and more can help make your record less accessible to third parties. Each case is unique, so it is essential to understand the strict eligibility requirements for these options. Start by speaking with Clear My Record™, where we are dedicated to helping you secure a brighter future by addressing your past.

Take the First Step Today!  Call Clear My Record™ (480) 659-6313 or complete our online contact form today. 

Arizona Criminal Record Expungement Laws | Set Asides Under ARS 13-905

While Arizona does not offer traditional expungement that removes a conviction from your record, ARS 13-905 provides a “set aside” process. A set aside does not erase the conviction but notes that penalties associated with the conviction have been lifted. This acknowledges to others that you have completed all sentencing requirements or demonstrated good behavior to warrant relief.

Key Benefits of Setting Aside Your Criminal Record

1. Improved Employment Opportunities
Many employers conduct background checks and may hesitate to hire someone with a criminal record. Setting your record aside increases your chances of securing meaningful employment, providing you with new career opportunities.
2. Enhanced Housing Opportunities
Landlords often screen tenants with background checks and may deny housing to those with a criminal record. With your record set aside, you’ll have a better chance of finding safe and stable housing.
3. Access to Financial Aid and Benefits
Certain benefits, like financial aid for college or professional licenses, may be restricted to individuals with a criminal record. Setting aside your record can restore your eligibility for these important resources.
4. Improved Self-Esteem and Peace of Mind
The stigma of a criminal record can weigh heavily on your mental health and self-worth. Having your record set aside can lift this burden, allowing you to move forward with renewed confidence.

Certain offenses, are ineligible for a set-aside, including:

• Convictions legally classified as dangerous in the court record
• Sex crimes requiring sex offender registration
• Certain sex crimes involving a legal “finding of sexual motivation”
• Crimes involving minors under the age of 15

Remember, judges decide eligibility on a case-by-case basis. Unsure if you qualify? Call us for a free consultation.

Sealing Arrest, Conviction, and Sentencing Records

Under ARS 13-911, you may petition to have your records sealed after meeting specific requirements. This process applies if:

• You have completed all terms of your sentence.
• Charges were dismissed or resulted in a not-guilty verdict.
• You were arrested, but no charges were filed.

Convictions are not eligible for record sealing, such as:

• Convictions classified as dangerous
• Convictions of a dangerous crime against children
• Convictions classified as serious offense or violent or aggravated felony
• Convictions involving the discharge, use, or threatened exhibition of a deadly weapon or dangerous instrument
• Convictions involving the knowing infliction of serious physical injury on another person
• Convictions involving sex trafficking
• Convictions of class 2, 3, 4, or 5 felonies sex offenses
• Convictions of class 2, 3, 4, or 5 felonies sexual exploitation of children offenses

Waiting Periods for Record Sealing

Once all penalties, fines, and restitution are completed, you must wait the following time periods before petitioning for record sealing:

• 10 yearsfor Class 2 or 3 felonies.
• 5 yearsfor Class 4, 5, or 6 felonies.
• 3 yearsfor Class 1 misdemeanors.
• 2 yearsfor Class 2 or 3 misdemeanors.

If you have prior felony convictions, the waiting period increases by 5 years. Additionally, for multiple convictions, the waiting time for each conviction must be completed before filing for relief.

Imagine no longer carrying the weight of your past mistakes. If the court grants your motion, you can move forward with confidence.

Understanding the Certificate of Second Chance

Under Arizona House Bill 2067, individuals who have their records set aside may also qualify for a Certificate of Second Chance. This certificate:

• May accompany eligible set-aside convictions.
• Lifts restrictions on occupational licenses, housing, and employment caused by your criminal record.
• To qualify for a Certificate of Second Chance:
• A misdemeanor.
• For Class 4, 5, or 6 felonies, two years must have passed since completing your sentence.
• For Class 2 or 3 felonies, five years must have passed.
• If your record was set aside before August 2021, you may still apply for the certificate. Call us for a free consultation.

Restoration of Civil and Gun Rights

The right to bear arms is deeply rooted in American history and culture, protected by the Second Amendment of the U.S. Constitution. However, in Arizona, a felony conviction can result in the loss of this fundamental right. While the process to restore civil rights like voting or serving on a jury is relatively straightforward, restoring gun rights involves a separate, more complex legal procedure. Clear My Record™ is here to guide you through this intricate process, helping you reclaim your Second Amendment rights and restore your sense of personal freedom.

Restoration of Gun Rights for Out of State & Federal Convictions

Arizona residents can apply for the Restoration of their Civil Rights and the Restoration of their Gun Rights in Arizona for felony convictions that occurred in other states or in any Federal District Court.  The application to restore the right to carry and possess firearms must be made in the County Superior Court where the individual resides in Arizona.  Out of state residents are not eligible.  A Petition can be filed at the completion of probation or the absolute discharge from imprisonment in another state or federal prison.  Convictions of offenses that are classified as “dangerous offenses” or “serious offenses” are not eligible.  There are certain legal restrictions that apply if the petiion is granted by the court.

Why Restoring Gun Rights Matters

For many Arizonans, the right to own and carry firearms is not just a constitutional privilege but also an essential part of their lifestyle and identity. Whether for personal protection, hunting, or sport shooting, firearms play a significant role in the lives of many. Losing this right due to a felony conviction can be both practically limiting and emotionally disheartening.

Restoring your gun rights is more than a legal matter—it’s a step towards rebuilding your life and reclaiming your full citizenship. It can also positively impact your employment opportunities, especially in professions where firearm handling is a requirement. Clear My Record™ is committed to helping you navigate this challenging journey, offering expert legal assistance tailored to your unique situation.

Criminal Record Expungement

Don’t let a past conviction define your future. Take the first step towards restoring your gun rights by using our free online eligibility test. For personalized assistance and expert legal support, contact Clear My Record™ today at (480) 659-6313. Your journey to reclaiming your Second Amendment rights starts here.