In Arizona, the processes of setting aside and sealing a criminal offense are distinct legal actions with different implications and outcomes. Understanding these differences is crucial for individuals seeking to manage their criminal records.
Setting Aside a Criminal Offense in Arizona
Setting aside a conviction in Arizona is a legal process that essentially dismisses the conviction upon successful completion of the sentence. It’s like telling the public that the state no longer condemns the person for the past offense. Here’s what you need to know:
Eligibility: Not all crimes are eligible for setting aside. For instance, certain violent offenses or crimes involving minors may not qualify.
Process: To set aside a conviction, a petition must be filed in the court where the conviction occurred. The court will consider factors like the nature of the crime, the petitioner’s compliance with the sentence, and any subsequent behavior.
Effects: A set-aside conviction is still a matter of public record, but it will be noted that the conviction has been set aside. This can be beneficial for employment, housing, and other opportunities, as it shows rehabilitation.
Limitations: Despite setting aside a conviction, certain civil rights, like the right to possess firearms, may not be restored.
Sealing a Criminal Offense in Arizona
Sealing a criminal record in Arizona refers to the process of making the record inaccessible to the general public. It’s more comprehensive than setting aside a conviction:
Eligibility: Arizona has specific criteria for which records can be sealed. Typically, this option is available for certain non-violent offenses and in cases where a significant amount of time has passed since the offense.
Process: The process involves filing a petition with the court. The court will consider various factors, including the petitioner’s criminal history, the severity of the offense, and any evidence of rehabilitation.
Effects: Once a record is sealed, it is as if the offense never occurred for most purposes and the Court’s public record will no longer list the offense. This can greatly assist with employment and housing opportunities, as most background checks will not reveal a sealed record.
Limitations: Certain agencies, like law enforcement and criminal courts, may still access sealed records.
Key Differences
Visibility: Setting aside a conviction does not remove the record from public view, whereas sealing a record makes it inaccessible to the public.
Scope: Sealing is generally more comprehensive, offering a greater level of privacy and effectiveness.
Eligibility: The criteria for eligibility differ, with sealing often having more stringent requirements.
Restoration of Rights: Sealing a record may offer more in the way of restoring civil rights compared to setting aside a conviction although a legal professional should be consulted to determine the best process to follow.
Conclusion
In summary, while both setting aside and sealing a criminal offense in Arizona aim to alleviate the burden of a criminal record, they do so in very different ways. Setting aside a conviction is a form of publicly-documented judicial forgiveness, whereas sealing a record offers privacy and a fresh start. Understanding these differences is key for individuals looking to clear their criminal history in Arizona.