A Guide by R&R Law Criminal Defense Attorneys
In Arizona, having a criminal record can significantly impact various aspects of your life, from
employment opportunities to housing applications. Fortunately, Arizona law now allows
individuals to petition to seal their criminal records under certain conditions. At R&R Law
Group, we are dedicated to helping our clients navigate this legal process. In this blog post, we
will explain what a petition to seal is, who is eligible, and how the process works in Arizona.
What is a Petition to Seal?
Petitioning to seal a criminal record is a legal request to the court to seal your criminal records
from public view. If the petition is granted, the record is not destroyed but is sealed, meaning it is
no longer accessible to the general public. This can help you move forward without the stigma of
a past criminal record affecting your future opportunities.
Eligibility for a Petition to Seal in Arizona
Not everyone with a criminal record in Arizona is eligible to petition for sealing. The eligibility
criteria includes:
- Completion of Sentence: You must have completed all terms of your sentence, including
probation, parole, or any other court-ordered requirements. - Waiting Period: There is a waiting period that varies depending on the type of offense.
For example, petty offenses may require a shorter waiting period than more serious
felonies. - Nature of the Offense: Certain serious offenses, such as violent crimes or sexual
offenses, may not be eligible for sealing. See here
https://www.azleg.gov/ars/13/00706.htm - Rehabilitation: Demonstrating rehabilitation and good behavior since the completion of
your sentence can strengthen your petition.
The Petition Process
The process of petitioning to seal a criminal record in Arizona involves several steps:
- Gather Documentation: Collect all necessary documents, including court records, proof
of sentence completion, and any evidence of rehabilitation. - Complete the Petition Form or Draft a Legal Motion: Fill out the petition form
accurately, providing detailed information about your conviction, sentence, and reasons
for requesting the sealing. In some courts, writing a motion including all the facts of the
case and siting the law, may be necessary. - File the Petition: Submit the completed petition form or legal motion to the appropriate
court. - Notice to Prosecutors: The court will notify the prosecutor's office of your petition. The
prosecutor has the opportunity to object to your petition. - Notice to Victim (if applicable): Under Arizona law and the Victims Bill of Roghts, a
victim has a right to be heard on post conviction matters. - Hearing: In some cases, the court may schedule a hearing to review your petition. You
may be required to present your case and answer any questions the judge may have. - Court Decision: After reviewing the petition and any objections, the court will make a
decision. If granted, the court will issue an order to seal your record.
Benefits of Sealing Your Criminal Record
Sealing your criminal record can offer numerous benefits, including:
- Employment Opportunities: Potential employers conducting background checks will
not see your sealed record, improving your chances of securing a job. - Housing Applications: Landlords will not have access to sealed records, making it easier
to find housing. - Educational Opportunities: Educational institutions may not consider sealed records
during the admissions process. - Peace of Mind: Knowing that your past is not easily accessible can provide a sense of
relief and a fresh start.
Conclusion
At R&R Law Group, we understand the challenges that a criminal record can pose. Our
experienced team is here to help you through the petition to seal process, ensuring that you have
the best chance for a successful outcome. If you believe you are eligible to petition to seal your
record in Arizona or have any questions about the process, please contact us today for a
consultation.
For more information or to schedule a case evaluation, call us at 602-497-3088.
Taking the step to seal your criminal record can open up new opportunities and help you move
forward with your life. Let us guide you through this important legal process.