Start Fresh With Record Sealing In Arizona
Having a criminal record is one of the negative consequences of being arrested, charged, or convicted of a crime in Arizona. Anyone can run an internet search to see if a person has been convicted of a crime and use that information against them. This can be in a professional context, in social settings, and more. Someone who doesn’t want to face that kind of discrimination for the rest of their life may need to seek post-conviction relief from the courts in Tucson. One of the forms of post-conviction relief that may be able to help under these circumstances is sealing one’s criminal record. If you need assistance with sealing your criminal record from the public eye in Tucson, Arizona, click here or call 520-231-2811 to schedule your free consultation with our criminal defense firm.
What You Need To Know About Sealing Criminal Records In Arizona
The option to seal a criminal record is a relatively new one in Arizona. A.R.S. § 13-911 didn’t go into effect until the start of 2023. It started as SB 1294, which was created to give rehabilitated criminals a second chance in life. This is separate from other types of post-conviction relief you may have heard of in the past. One of these is a set-aside, which is also a relatively new process in Arizona. A conviction that has been set aside indicates that the defendant completed all of their court-ordered requirements such as probation and paying restitution. However, the conviction still appears in background checks and internet searches, even if it is set aside. Expungement is a stronger form of post-conviction relief but is only available for limited marijuana offenses in Arizona. An expunged conviction is considered completely cleared from the defendant’s record. The next best thing for a convicted criminal may be to set aside the judgment and have their record sealed. To discuss which forms of post-conviction relief are best for your situation, click here or call 520-231-2822 for your free consultation with an experienced member of our Tucson criminal defense firm.
What Does It Mean To Seal A Criminal Record?
When someone’s criminal record is sealed, it is no longer readily accessible for public viewing. A record seal can apply to a criminal conviction, criminal charges that were later dismissed, or even an arrest that never resulted in criminal charges being filed. These types of issues won’t show up on most formal and informal background checks run on that person in the future. A sealed criminal record can still be used to enhance the sentence of a subsequent conviction, satisfy elements of an offense, impeach a witness at trial and more. Outside of a courtroom setting, a sealed criminal record can help a convicted criminals move on from their past. However, there are certain instances in which the person who has had their criminal record sealed must disclose arrests, charges, and convictions, largely based on the field of employment that person is seeking to join:
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Arizona Criminal Defense Attorneys
if You Are Seeking to Seal Your Record in Arizona
Reasons To Pursue Expungement in Arizona With Our Dedicated Attorneys
It’s important to note that the eligibility and process for expungement in Arizona can vary depending on the type of conviction, the specific circumstances, and changes in the law. It’s advisable to consult with an attorney or legal expert who specializes in expungement to determine if you qualify and to guide you through the process.Contact our Arizona Criminal Defense Lawyers to find out how sealing or expunging your record in Arizona can be of benefit to you and your family. In Arizona, like in many other states, getting your criminal record expunged can offer several benefits, as it essentially seals or erases your past criminal history from public access. Here are some reasons why you might want to pursue expungement in Arizona:
Employment Opportunities
Having a criminal record can limit your job prospects. Expunging your record can help you qualify for a wider range of employment opportunities, as many employers conduct background checks.
Housing
Landlords and property management companies often conduct background checks on prospective tenants. An expunged record can make it easier to secure rental housing.
Professional
Licensing
Some professions and occupations require background checks and may deny licenses or certifications to individuals with certain criminal convictions. Expungement can improve your chances of obtaining the necessary credentials.
Education
Having a criminal record can limit your job prospects. Expunging your record can help you qualify for a wider range of employment opportunities, as many employers conduct background checks.
Peace of Mind
Having a clean record can provide peace of mind and a fresh start. It removes the stigma associated with a criminal history and allows you to move forward with your life.
Restoration
of Rights
Expungement can help restore some of your civil rights, such as the right to vote and the right to possess firearms, depending on the nature of your prior convictions.
Immigration
If you are an immigrant, certain criminal convictions can lead to deportation or visa issues. Expungement may help improve your immigration status
Community
Involvement
Some community organizations and volunteer opportunities may have restrictions on individuals with criminal records. An expunged record can make it easier to get involved in your community.
Personal Relationships
A clean record can positively impact personal relationships and social interactions, as people may view you more favorably without the stigma of a criminal history.
Privacy
Expungement helps protect your personal privacy by preventing the general public from accessing your criminal record, except in specific circumstances.
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5-Star Rated Criminal Defense Law Firm In Arizona
Professionalism, Responsiveness
Searched around and had many phone consultations, but Madeline by far was the most patient and had took the time to answer my questions on my first consultation, but overall, Madeline, Jacqueline, and Nick are all very professional and helped me out with even more questions I had even after that. I had consultations for lower pricing, but it’s not about the pricing to me, but professionalism, patience, and responsiveness. If I had to do it all over again, I would choose them again! Thank you!
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My Arizona Lawyers helped me with my criminal case. He was trustworthy, confident, and experienced. He was a force to be reckoned with in court. I highly recommend this law firm and the staff.
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I felt completely confident with the attorney I was matched with. He worked really hard for me and the outcome was better than expected.
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Here Are the Steps to Follow to Get Your Record Expunged in Arizona
It’s crucial to work closely with a qualified Arizona Criminal Defense attorney who can navigate the legal process, understand the nuances of Arizona law, and advocate effectively on your behalf to increase your chances of a successful expungement. The specific steps and requirements may vary based on the details of your case, so your attorney will provide guidance tailored to your situation.
1
Consultation With An Experienced Attorney
Begin by finding a qualified Arizona Criminal Defense attorney who specializes in expungement cases. Schedule an initial consultation to discuss your criminal history, circumstances, and eligibility for expungement.
2
Eligibility Assessment
One of our AZ Expungement Attorneys will evaluate your eligibility for expungement based on Arizona law. Eligibility criteria can vary depending on the type of offense, sentence, and other factors.
3
Document Gathering
Work with one of our seasoned lawyers to gather all necessary documents related to your criminal case, such as court records, sentencing orders, and any other relevant paperwork.
4
Petition Preparation
One of our experienced lawyers will prepare and file a petition for expungement with the appropriate Arizona court. This petition formally requests the court to expunge your criminal record.
5
Serving Notice
Additionally, your expungement lawyer will ensure that the relevant parties, including law enforcement agencies and the prosecutor’s office, are properly served with notice of your expungement petition. The experienced staff at My Arizona Lawyers, PLLC have assisted many people in Maricopa, Pima, and Pinal counties with sealing their records.
6
Court Hearing
Attend the expungement hearing with your attorney. Be prepared to answer questions from the judge regarding your case.
7
Presentation Of Arguments
Your AZ Criminal defense attorney will present arguments and evidence supporting your case for expungement. This may include emphasizing your rehabilitation, compliance with the law, and the benefits of expungement.
8
Court Decision
The judge will consider your petition and make a decision regarding whether to grant or deny the expungement. The decision may be provided immediately after the hearing or at a later date.
9
Expungement Granted
If the expungement is granted, your Arizona expungement attorney will guide you through the process of sealing or removing your criminal record from public access.
10
Compliance & Monitoring
Comply with any court orders or requirements following the expungement, such as notifying relevant agencies about the expungement or updating records. Keep a record of your expungement paperwork and monitor your background to ensure that your criminal record is not accessible to the public.
FAQs About The Record Sealing & Expungement Process In Arizona
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