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Arizona Now Allows Arrests and Convictions to be Expunged

Posted by Raymond Kimble | Jan 04, 2023 | 0 Comments

Undoubtedly, being convicted of any felony or misdemeanor offense can have devastating impacts upon your future.  Aside from the penalties imposed by the court, a conviction can result in the loss of important civil rights such as the ability to own a firearm or to vote and can also cause difficulties in obtaining employment, holding a professional license, securing housing or financing.   However, people convicted of various crimes in Arizona may now be able to avoid the negative impact  resulting from a mark on their criminal records.

Can The Long Term Affects of a Conviction Be Avoided?

Historically, convictions for any felony, misdemeanor, DUI or traffic offenses in Arizona permanently remained part of your record.  Consequently, people people who committed criminal acts were not only penalized by the court but also endured ramifications resulting from their convictions far into the future.

Arizona Revised Statute 13-911 now brings relief to many individuals who have been arrested, charged and convicted of various crimes.  

You are now eligible to request that records related to an arrest or conviction be sealed  in situations where you were:

1. Convicted of a criminal offense and have completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims.

2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.

3. Arrested for a criminal offense and no charges were filed.

What Are The Benefits of an Expungement?

There are many benefits to having an arrest or conviction expunged.   Most importantly, people whose convictions are sealed may state that they've never been arrested, charged or convicted of a criminal offense when applying for:

  • Employment
  • Housing
  • Financial Aid
  • A Car Loan, Mortgage or Other Financing

Do You Still Need to Disclose Arrests or Convictions That Have Been Sealed?

Even though you have had records of convictions or arrests expunged, there are still situations in which they must be disclosed.  These situations include:

  1. Applications for a Fingerprint Clearance Card
  2. Drug Offenses
  3. Convictions for burglary or theft when a person is applying for employment which requires them to enter and perform services within a residence
  4. Convictions for Child Abuse or Aggravated Assault when a person is applying for employment involving the education, supervision or care of a child.
  5. Convictions for Vulnerable Adult Abuse when a person is applying for employment involving the care of a vulnerable adult or someone older than 65 years of age
  6. DUI convictions when a person is applying for a job requiring the operation of a commercial vehicle
  7. Convictions for Theft, Auto Theft, Forgery, Identity Theft or Fraudulent Schemes when a person is applying for a job involving accounting, overseeing, transporting, handling or managing another person's money or financial assets.
  8. Any conviction when a person is applying for a position with a law enforcement agency, a prosecutor's office, a court, a probation department, a child welfare agency, the department of child safety, the department of juvenile corrections or the state department of corrections.

When Can You Apply For Expungement?

Individuals may apply to have their arrest, conviction and sentencing records sealed as long as they have completed all of the terms of their sentence.  This includes completion of community service and the payments of all fines, fees and restitution which was ordered by the court. 

There is a waiting period which must pass before a person can apply to have their records sealed.  The waiting period imposed pursuant to A.R.S 13-911 is:

  • Ten years for a class 2 or 3 felony
  • Five years for a class 4, 5 or 6 felony.
  • Three years for a class 1 misdemeanor.
  • Two years for a class 2 or 3 misdemeanor.

Can All Criminal Convictions Be Sealed?

Unfortunately, not all criminal convictions are eligible to be sealed or expunged.  Conviction records which cannot be sealed include those involving:

  • Dangerous Offenses
  • Dangerous Crimes Against Children
  • Serious or Violent Felonies
  • Crimes involving the use of a deadly weapon or infliction of serious physical injury
  • Sex Trafficking
  • Sexual Offenses committed against minors or the Sexual Exploitation of a Minor

Call (480) 833-8613 For Expungement Help Now

Certainly, having an arrest, charge or conviction expunged will result in many long term benefits.  This includes the ability to obtain housing, employment, financial aid for education and loans for cars, homes, etc.  Moreover, individuals are also able to restore important civil rights which may have been forfeited following a conviction.  Attorney, Raymond Kimble has been practicing criminal defense for nearly twenty five years and can aid in having convictions expunged throughout Maricopa and Pinal Counties.

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Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

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For a Free Consultation please call (480) 833-8613 or complete the form in the sidebar. Mr. Kimble can be reached 24/7 and is available for appointments during the evening and on weekends as well.

About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.