If you have been convicted of a crime in Arizona, expungement can be a great option for protecting your future. Criminal convictions will show up on your criminal record for years after to employers, educational institutions, landlords, and more, but having a conviction expunged will permanently remove criminal arrests and charges from your record.
Our Phoenix expungement lawyers at JacksonWhite Law will support you in erasing your criminal record so that you can enjoy more peace of mind and a brighter future. When you contact us, we’ll help you lay out your options and guide you through the court expungement process so you can leave your past behind you.
What Is Expungement?
Expunging a criminal record causes it to be completely forgotten, as if the criminal charges or arrest never occurred. This has the legal effect of removing the conviction from the person’s record so that it is no longer visible to employers, landlords, educational institutions, or any other party that may conduct a background check. Expungement is covered under ARS 13-911
Expungement is just one way to have a previous conviction on your record altered or obscured from public view. Although expungement is the best option for clearing your record and restoring your access to various opportunities, it’s important to recognize the differences between expungement and other options, such as a conviction set aside.
You can differentiate between the various options by these definitions:
- Expungement – Expungement is the complete removal of previous criminal charges from a record so they will no longer show up on background checks.
- Sealing a record – Sealed records are hidden from the general public but can still be seen in some contexts.
- Conviction set-aside – Covered under ARS 13-905, a judgment set aside will show that the court set aside a judgment of guilt, but it does not hide previous convictions from public view or background checks.
The best pathway for you depends on the circumstances of your case and your conviction. To learn more about expungement and the best option for your circumstances, contact our team at JacksonWhite Law.
Arizona Expungement Eligibility
Prior to 2023, the only option for individuals convicted of a crime was to petition to have their judgment set aside under ARS 13-905. However, with the passage of ARS 13-911 in 2023, many more people became eligible for potential expungement and the sealing of records, as long as they meet certain criteria.
To be eligible in Arizona, an individual must be:
- Convicted of a criminal offense and has completed all terms and conditions of the sentence.
- Charged with a criminal offense and the charge was eventually dismissed or resulted in a not guilty verdict at a trial.
- Arrested for a criminal offense but no charges were filed.
It’s important to keep in mind that ARS 13-911 still outlines several restrictions on who can seek a sealing of their record. The statute does not apply to anyone who falls under the following circumstances:
- Sentenced as a dangerous offender
- Convicted of a dangerous crime against children
- Convicted of a serious offense or violent or aggravated felony
- Convicted of an offense that involved a deadly weapon or knowing infliction of serious physical injury
- Convicted of sex trafficking
- Convicted of a class 2,3,4, or 5 felony included in chapters 14 and 35.1 of Arizona Statutes
If you are unsure whether you are eligible for expungement, consult a Phoenix expungement lawyer to learn more about your options. Our team at JacksonWhite Law offers a free consultation, giving you the opportunity to discuss your unique circumstances and determine whether you are a candidate for expungement.
Benefits of Expungement
Criminal records are a matter of public record, so anyone can see if you have been convicted of a crime, especially if they perform a background check. A criminal record can be a negative mark on loan applications, employment and educational opportunities, and housing applications. When your record is expunged, these charges no longer show up on your record, resulting in several benefits.
Some of the benefits of having your case expunged include:
- Improved future opportunities – By erasing your criminal charges, expungement allows you to respond to job and rental applications that you have never been convicted, which improves your access to opportunities.
- Improved Self-Image – A criminal charge can be a source of embarrassment and affect your confidence and self image, so expungement can bring a sense of relief.
- Restored Right To Vote – If you’ve been convicted of a felony, you can lose your right to vote, but expungement is an option to have this right restored.
- Improved Credit Score – A criminal conviction may have an impact on your credit score and your ability to pursue financial support, so expungement can help to improve your rating.
- Restored right to gun ownership – ARS 13-905 allows individuals who have had their convictions set aside or expunged to own guns.
Although expungement can offer several benefits, it requires a detailed process to petition the court and accomplish an expungement of your record. To learn more about how to realize the benefits of expungement, contact an experienced expungement attorney. A skilled record expungement lawyer will help you understand and navigate the process of petitioning the court so you can experience the full benefits yourself.
How a Phoenix Expungement Attorney Can Help
Working with an expungement attorney can increase your chances of successfully sealing your criminal record and having your charges expunged. Navigating the appropriate court process without the support of an experienced attorney can be confusing and difficult. Fortunately, our attorneys at JacksonWhite can offer valuable guidance to simplify the process.
Our expungement lawyers here will provide you with the following:
- Advanced Legal Experience – We understand how the legal process in Arizona works, allowing us to provide detailed guidance along the way.
- Documentation Preparation – We will assist you in gathering and filing all the necessary paperwork so you don’t miss anything so we can prevent delays in your case.
- Court Representation – Our attorneys will represent you during court hearings and present your case for expungement before the judge.
- Background Check Management – We’ll ensure that your records are updated so that you receive the full benefits of expungement and record sealing.
- Advocacy – We advocate on your behalf to present the strongest possible case for expungement and maximize your chances of a positive outcome.
Without the support of an attorney, you are forced to handle all the above steps on your own, preparing the petition and representing yourself in court. To learn more about the benefits of working with an expungement attorney and experience them for yourself, contact our criminal defense team at JacksonWhite.
Our Process for Expungement Cases
Expungement cases require a detailed process to succeed, from filing a court petition to presenting your case before a judge. At JacksonWhite, we have experience in navigating the process to increase the chances of success and provide you with added peace of mind.
We begin every expungement case with a free initial consultation with our clients. This consultation allows us to learn more about the circumstances behind your case, consider your legal options, and begin the path to expungement.
From there, our expungement lawyers take all the following steps to help you seek expungement:
- Case Evaluation – We’ll take a look at your case to understand your eligibility for expungement and what steps we’ll need to take to support you in the process.
- Petition Preparation – We gather the appropriate documentation and information to prepare your petition and maximize your chances for receiving a positive judgment from the court.
- Filing the Petition – Once we have the necessary documents completed, we’ll file the petition with the court, ensuring we carefully follow all procedures.
- Court Hearing – If needed for your case, we’ll schedule a court hearing to advocate for your case and represent you before the judge.
- Order of Expungement – In successful cases, we’ll obtain the court order for expungement and submit it to all relevant criminal justice agencies to ensure they update their records to reflect your expungement.
Navigating this process alone and completing all the necessary steps can be difficult. Our attorneys at JacksonWhite provide the patience and compassion necessary to navigate the courts and pursue a successful expungement while taking your unique circumstances into account. Contact us today to begin discussing your options and what steps you’ll need to take.
Protect Your Future with Experienced Legal Representation
If you have been convicted of a crime and believe you might be eligible for expungement in Arizona, then you should contact a Phoenix expungement attorney for support. Only an attorney has the experience and understanding of the legal system to help you determine your eligibility and begin navigating through the court process.
Our criminal defense team at JacksonWhite Law has decades of experience in navigating the Arizona legal system and has a detailed understanding of Arizona statutes. Using this experience, our Phoenix expungement attorneys will help you move through the court system and seek an expungement to seal your criminal record. We offer a free initial consultation that allows us to learn more about your case and provide you with initial guidance regarding your situation so that you have a full understanding of all your legal options.
Call the JacksonWhite Criminal Law team at (480) 500-6103 to discuss your case today.
