Arrest Without Conviction In Maricopa
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FAQ
On January 1, 2023, A.R.S. Section 13-911 went into effect, which allows for certain individuals with criminal records to seal those records from public view. Previously, Arizona only allowed conviction “set-asides” but not expungements or record sealings.
What Offenses May Not Be Sealed Under Arizona's New Laws? Class 1 felonies. Serious violent offenses. Certain sexual offenses. Offenses involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument. The offense of knowingly inflicting serious bodily injury on another person.
Unlike the option of setting aside a record, an expungement order under Arizona law sets the conviction aside and removes all references to it from public records. This means that if someone runs a background check on you, your criminal record would not show up.
This law created Arizona Revised Statute 13-911 – the state's first record-sealing law. ARS 13-911 states that an individual can file a petition to have his or her case records related to a criminal offense sealed if he or she meets certain conditions.
And while there are specific instances in which the FCRA allows states to extend the seven-year guideline, particularly in regard to hiring employees to work in the medical or educational fields, Arizona abides by the seven-year rule.
Beginning January 1, 2024, allows a person convicted of a misdemeanor to petition the court for an expungement three years after the date of fulfilling the conditions of probation or sentence and if the person meets all other prescribed criteria.
Arizona does not expunge criminal convictions. Instead, Arizona allows a court to set aside a judgment, where a criminal conviction still exists on a person's record, but the penalties associated with the conviction have been released.
A Certificate of Second Chance allows a person whose conviction has been set aside to obtain benefits that they may not be able to obtain if they have a conviction.
When a court sets aside a conviction, it dismisses the conviction, the penalties are dismissed, and disabilities are vacated.
aside is sometimes called expungement or expunction. It means that the court record of a criminal or contempt case is sealed by the court and will not appear in official court records. You should be aware that setaside cases can be unsealed in certain limited circumstances.
