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Sealing Criminal Case Records
Effective December 31, 2022, individuals arrested, convicted, or sentenced before, on, or after this date have the option to petition the court to seal their criminal case records under ARS 13-911. If approved by the court, the petitioner can indicate on applications for employment, housing, financial aid, or loans that they have no history of arrest, charges, or convictions related to the sealed offense.
To seal their records, the petitioner must submit a separate application to each court where they were convicted. It’s important to review ARS 13-911 in its entirety for detailed information. NOTE: Incorrectly submitting the application means an additional 3-year waiting period before you can reapply. Protect your future wisely, entrusting the process to a lawyer is a must.
It’s crucial to note the sealing of case records pertains exclusively to records within the control of criminal justice entities, such as courts, the Department of Public Safety, prosecutor’s offices, and law enforcement agencies. Records that were previously published or distributed may remain accessible and unaffected by the sealing order.
For more detailed information on the law, visit the Arizona State Legislature website. www.azleg.gov
What Are The Benefits?
Improved Employment Opportunities – Sealing your record can enhance your chances of securing employment as many employers conduct background checks before hiring. With a sealed record, past offenses are not disclosed to potential employers, increasing your job prospects.
Restoration of Gun Rights – Individuals convicted of certain offenses in Arizona may lose their legal right to own or possess firearms. At Future First Criminal Law, we file a Set Aside application that, if granted, facilitates automatic restoration of your gun rights, in conjunction with your Sealing Records application. This comprehensive approach helps you regain your rights provided it is not prohibited under Arizona or other state and federal laws.
Restoration of Civil Rights – Some criminal convictions can result in the loss of civil rights, such as the right to vote, serve on a jury, or hold public office. Sealing your record can help restore these rights, allowing you to fully participate in civic activities and responsibilities.
Better Housing Opportunities – Landlords often perform background checks on potential tenants. Sealing your record can help you overcome the stigma associated with past offenses and improve your chances of finding suitable housing.
Access to Financial Aid and Loans – Certain criminal convictions can impact your eligibility for financial aid and loans. Sealing your record can help you qualify for educational assistance programs and loans, enabling you to pursue higher education or vocational training.
Reduced Stigma and Discrimination – Having a criminal record can subject individuals to stigma and discrimination in various aspects of life. Sealing your record helps reduce the negative impact of past offenses, enabling you to move forward with your life free from the burden of past mistakes.
Overall, the sealing records law provides individuals with the opportunity for a fresh start by mitigating the long-term consequences of past criminal convictions and promoting reintegration into society.