Who Can Have Their Criminal Record Sealed in Arizona?

In Arizona, sealing a criminal record can give individuals an opportunity for a fresh start. This process hides one’s criminal record from most public searches, making it easier for them to secure housing, employment, and other essential services. However, the eligibility to seal a record in Arizona is governed by specific conditions set forth in the state’s laws. This article provides an overview of the criteria determining eligibility, as defined in A.R.S. 13-911.

Who Can Have Their Criminal Record Sealed in Arizona?

According to A.R.S. 13-911, you may qualify to seal your criminal record if:

1. Post-Conviction: You were convicted of a criminal offense and have fulfilled all terms and conditions of the sentence given by the court. This includes completing any required community service, probation, and paying all fines or restitution to victims.
2. Charge Dismissal or Acquittal: You were charged with a crime, but the charge was either dismissed or resulted in a ‘not guilty’ verdict after a trial.
3. Arrest Without Charges: You were arrested for a criminal offense, but no charges were subsequently filed against you.

However, even if your record is sealed, it can still be:

1. Alleged as an element of an offense.
2. Used as a historical prior felony conviction.
3. Admissible for impeaching any party or witness in subsequent trials.
4. Utilized to enhance the sentence for a future felony.
5. Used to augment the sentence as per sections 28-1381 and 28-1382.
6. Pleaded and proven in any later prosecution by Arizona or its political subdivisions.
7. Treated as a conviction if it would be valid if not sealed.

Who Cannot Have Their Record Sealed?

Certain individuals, based on the nature of their criminal offense, will not qualify for sealing their records in Arizona. You are ineligible to have your record sealed if:

1. You were sentenced as a dangerous offender as per section 13-704.
2. You were convicted of a dangerous crime against children as outlined in section 13-705.
3. Your conviction was for a serious offense or was a violent or aggravated felony as defined in section 13-706.
4. Your offense had elements involving:
   1. You were convicted of sex trafficking under section 13-1307.
   2. Your conviction was a class 2, 3, 4, or 5 felony offense that falls under chapters 14 or 35.1 of the Arizona statutes.
5. The discharge, threat, or use of a deadly weapon or dangerous instrument.
6. The deliberate infliction of severe physical harm to another person.

Conclusion

Sealing a criminal record in Arizona is a legal provision allowing individuals to move on from their past. However, it’s vital to understand the criteria and exceptions. If you believe you might qualify for sealing your record or have further questions, it’s always recommended to consult with a legal professional knowledgeable in Arizona’s criminal law.