Arizona has recently overhauled its criminal records laws on December 31, 2022. It’s now possible to get the conviction expunged under certain conditions, meaning that the conviction is taken off your record and sealed from the eyes of the public. Thus, it gives you a fresh start.
Expungement vs. Setting Aside a Record
Until recently, in Arizona, all that was available was a “set-aside” of your criminal record. I’’s much less intensive than expungement and doesn’t clear or seal a record from public view. Under the new law, you can ask the court to order an expungement of your record.
This request could remove the conviction from public records so that it doesn’t appear in background checks. Expungement doesn’t remove the record; it just seals it. It’s still available to law enforcement, but you’re able to move forward without having your past holding you back.
Is Expungement an Option for Me in Arizona?
The legalese within A.R.S § 13-911 is hard to understand. In case the courts refuse your application, then you’ll have to wait another three years to try again. Consult legal counsel specializing in criminal defense to improve your likelihood of success. Your attorney helps you negotiate the complexities of the law by prepping your application properly.
What is the Benefit of Expungement?
Clean Background Checks
When you want to apply for jobs, housing, or education programs, your criminal record won’t be visible in public background checks by landlords, rental agencies, or banks.
Better Job Prospects
No employer will be in a position to access your criminal history. So, you have a better chance of finding a job and securing an income. Criminal background checks are common with potential employers, and having a clean record highly increases employment opportunities.
Housing and Education Opportunities
Easier access to housing and educational programs; a landlord or educational institution often screens for offenses, and a clean record will further open doors that were previously closed.
Professional Licenses
Expungement makes you eligible for professional licenses or certifications. Most professions need a clear record when you stand before the licensing board, and expungement might hold back any limitations against the board considering you.
Restored Civil Rights
Sometimes you can get back the right to vote and the right to purchase and possess a firearm as well. This newfound freedom allows you to fully integrate into society and actively participate in civic life.
Expungement can help you restore your reputation and gives an individual the chance for a fresh beginning without being hindered by their past. It’s a powerful tool for starting over and building a brighter future.
How a Lawyer Can Help in Acquiring an Expungement
The legal realm can be intricate and time-consuming to navigate alone. Even under the new rules of expungement, it’s hard to make a successful application without the help of a qualified criminal defense lawyer. Hiring an attorney is a good place to start with filing your application to ensure its processed correctly and efficiently. Additionally, you get competent legal advice if issues arise with your application.
Eligibility for expungement doesn’t extend to all people with a criminal record. It always helps to consult with an established criminal defense attorney to determine if you’re eligible. An attorney is somebody who can help you work through the process and navigate the legal framework for your successful expungement. An attorney can assist you in getting all documentation in order, building a compelling case you can take to court.
The courts have 30 days to review your application to have your record sealed or expunged and decide if it will file it. If your application is turned down, your attorney can find out why the application was denied and assist in preparing a favorable appeal for future consideration.
There is a three-year waiting period after a denial so it’s extremely important that your original application be prepared correctly. Legal aid can help you avoid common mistakes, increasing chances of success with your application.
Ready to Get Started? – AZ Defenders is Here to Help
If you’re considering the possibility of filing an expungement case in Arizona, Rosenstein Law is here to handle your defense. Our expert attorneys take care of the eligibility assessment and walk you through the steps involved in the process.
Expungement is, in most cases, a chance at new life. It takes away the aspects of your life where you made a mistake, and helps you walk into a brighter future. It means holding different jobs and living in better homes, erasing the barriers brought on by a criminal record.
Your civil rights are restored, giving you a deserving chance of being part of society. We’re believers in second chances, and we’re here to help you to achieve yours. Don’t wait another day. Contact our office and let’s get started with your expungement!