Arizona Motion To Seal Juvenile Records

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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

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.

Depending on the details of your case, record sealing in Arizona can take up to a decade after restitution is completed. This is because the court prevents an individual from filing a petition to seal their records until after a certain period of time has passed, depending on the level of the crime.

For the first time ever, Arizona now has an expungement law that will seal your old criminal record. This means that if you file a Motion to Seal your record, and the Court grants it, you can then state that you have never been convicted or arrested for a crime in Arizona.

In order to clear your record in Arizona, you may petition the court to enter on your record that you have been cleared of all charges. If successful, the judge will order all law enforcement agencies and courts to cease from distributing your arrest record to anyone. The arrest will be treated as if it never occurred.

When the state's new laws take effect in 2023, people in Arizona may petition to seal acquitted or dismissed charges, along with uncharged arrests. The process for sealing a non-conviction record mirrors that of a conviction. A victim or prosecutor does have the ability to request a hearing, if desired.

Most lawyers charge around $800 to set-aside (expunge) a criminal record in Arizona. Prices might be higher in Maricopa county as the courts in Maricopa are generally more difficult to deal with. However, some attorneys offer payment plans and even money back guarantees in case your set aside gets denied by the judge.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

The Importance of a Scottsdale Juvenile Assault Lawyer While juvenile records are not public records in Arizona, they are not automatically sealed. To have them sealed, a person must go through the set aside process, which requires meeting specific eligibility criteria.

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Arizona Motion To Seal Juvenile Records