ARIZONA EXPUNGEMENT LAWYER
Seal Your Convictions and Arrests
Call (480) 833-8613
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.
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.
A person may file a petition to seal all case records related to a criminal offense if the person was:
1. Convicted of a criminal offense and has 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?
In contrast to simply having a conviction set aside, sealing or expunging a conviction, formal criminal charge or arrest offers many benefits. 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:
- Financial Aid
- A Car Loan, Mortgage or Other Financing
In some instances however, arrests, charges or convictions must be disclosed even though they have been sealed. These include:
- Applications for a Fingerprint Clearance Card
- Drug Offenses
- Convictions for burglary or theft when a person is applying for employment which requires them to enter and perform services within a residence
- Convictions for Child Abuse or Aggravated Assault when a person is applying for employment involving the education, supervision or care of a child.
- 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
- DUI convictions when a person is applying for a job requiring the operation of a commercial vehicle
- 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.
- 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.
If an individual has other historical prior felony convictions, an additional period of five years must pass before an application for expungement of a conviction can be filed.
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.