Arizona Affidavit in Support of Motion to Order Expungement of Criminal Record

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Multi-State
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US-02246BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

But as of December 31, 2022, things have changed. Arizona has enacted a new law [ARS § 13-911] that allows individuals convicted of certain criminal offenses to petition the court for an expungement order. This order can give you a new opportunity to move forward without being held back by your criminal record.

To qualify for expungement, an offender must have completed the sentence and terms and conditions, including fines and restitution ordered by the court of jurisdiction where the defendant was arrested, but no charges were filed or charged but found to be not guilty.

In Arizona, misdemeanor and felony convictions will remain on your record until you turn 99. Arizona law does allow you to request that that the court set aside qualifying convictions, but this does not remove the conviction from your criminal record.

Effective January 1, 2023, Arizona will allow persons to file petitions to seal certain case records related to criminal offenses, in some states this is referred to as expungement*.

ARS § 13-911 This law goes into effect on January 1, 2023, and can enable thousands of citizens in Arizona to have their records sealed rather than only set aside. This comes with the advantage of erasing it entirely from public view.

If you file a petition to seal your criminal case records, you should provide as much information as possible regarding (1) your arrest, (2) any charges (including those not filed) and (3) case information (including dates, arresting agency, location of booking, copy of citation or citation number, department report ...

Arizona, on New Year's Day 2023, joined other states that allow criminal records to be expunged, meaning they are sealed and removed online; therefore are not available to the public, law enforcement, and the courts.

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Arizona Affidavit in Support of Motion to Order Expungement of Criminal Record