Since its inception, the justice system has sought a balance between upholding the law and giving individuals the opportunity for redemption. Arizona’s recent legal amendments are a testament to this balance, offering many residents a fresh start by shielding past indiscretions from public view.
In recent years, Arizona has made significant strides in expanding the rights of individuals to have their records sealed or expunged. Such initiatives are not just about hiding the past, but also about providing new opportunities for those burdened by past mistakes or offenses which may no longer even be crimes in Arizona.
Key Changes in the Law
Beginning in July 2021 a transformative period for Arizona’s expungement laws began with the introduction of two pivotal statutes: the Arizona Revised Statute (ARS) 36-2862 and later ARS 13-911. With these laws, Arizona now stands shoulder-to-shoulder with numerous states in granting its residents the possibility to erase or seal their criminal records.
ARS § 36-2862: A Closer Look
Effective from July 12, 2021, ARS 36-2862 offers individuals with specific marijuana-related offenses the opportunity to petition for their records to be expunged. The law covers offenses such as:
- Possession, consumption, or transportation of 2.5 ounces or less of marijuana, provided less than 12.5 grams of it is marijuana concentrate.
- Possession, transportation, cultivation, or processing of up to six marijuana plants at one’s residence for personal usage.
- Possession, usage, or transportation of equipment linked to marijuana-related activities.
However, it’s essential to highlight that offenses related to the sale or distribution of marijuana are exempted from this provision. To benefit from this, individuals must submit the necessary documentation to the relevant county courthouse. The courts then assess these applications, hold hearings as necessary, and determine whether to grant the expungement.
ARS § 13-911: Sealing Records for a Fresh Start
Senate Bill 1294, passed on July 9, 2021, introduced ARS 13-911, the state’s pioneering record-sealing statute. This law, set to be active from January 1, 2023, permits individuals meeting specific criteria to have their criminal records sealed. Eligibility encompasses:
- Those who’ve served their court-mandated sentences in full.
- Individuals charged with an offense that was subsequently dismissed or resulted in a not-guilty verdict.
- Persons arrested for an offense but never formally charged.
Despite a few exceptions to this rule, the overarching aim is clear: to offer many Arizonans a genuine second chance. A sealed record means these past offenses are invisible in routine background checks. The only means to view them would require a specialized court order. Furthermore, this ensures that individuals don’t have to disclose their criminal history during job or housing applications, fostering a smoother societal reintegration.
In essence, Arizona’s revamped expungement/sealing laws are not only a reflection of evolving societal attitudes towards rehabilitation and redemption, but also a beacon of hope for many seeking a brighter, unburdened future becoming highly-contributing members of society.