What is Expungement in Arizona?

In Arizona, the term “expungement” is not commonly used in the way it is in other states. Instead, the process is referred to as “setting aside” a conviction. This process is governed by A.R.S. § 13-905 and allows individuals who have completed the terms of their sentence to apply to the court to have their conviction “set aside.” When a conviction is set aside, it means the judgment of guilt is dismissed and the individual is released from all penalties and disabilities associated with the conviction.

It’s important to note that setting aside a conviction does not erase the fact that a person was convicted. The record of the conviction will still exist, but it will be marked as “set aside,” which may be viewed more favorably by potential employers, housing providers, and others. Essentially, it’s a formal way for the court to acknowledge that a person has been rehabilitated and that the conviction should not continue to harm their future opportunities.

Recent Changes: Marijuana Expungement

In 2020, Arizona voters passed Proposition 207, which legalized the recreational use of marijuana for adults and created a pathway for expunging certain marijuana-related offenses. Under A.R.S. § 36-2862, individuals can apply to have marijuana-related convictions completely removed from their record, provided those offenses meet specific criteria.

Eligible marijuana-related offenses for expungement include:

• Possession of 2.5 ounces or less of marijuana.
• Possession of six or fewer marijuana plants for personal use.
• Certain marijuana paraphernalia-related offenses.

This new statute allows for a more traditional expungement where the record of the offense is removed entirely, unlike the “set aside” process for other crimes in Arizona.

Who is Eligible for Expungement or Setting Aside a Conviction?

Eligibility for setting aside a conviction in Arizona depends on the type of crime and whether the individual has successfully completed all aspects of their sentence. The key requirements under A.R.S. § 13-905 include:

• The individual must have completed probation, paid all fines and fees, and served any jail or prison sentence.
• The conviction must not fall into one of the ineligible categories.

Not all convictions are eligible to be set aside. Ineligible offenses include:

• Crimes involving the use or exhibition of a deadly weapon or dangerous instrument.
• Crimes that resulted in serious physical injury to another person.
• Crimes requiring the individual to register as a sex offender under A.R.S. § 13-3821.
• Crimes involving the exploitation of minors under A.R.S. § 13-3552.
• Convictions for driving on a suspended or revoked license.

For DUI convictions, a person can request to have their conviction set aside, but the offense will still remain on their driving record and affect their insurance and driving privileges. However, the court may still consider setting aside the criminal penalties associated with the DUI.

Benefits of Setting Aside a Conviction

While setting aside a conviction does not erase the record entirely, it does offer significant benefits to individuals who qualify. These include:

1. Improved Employment Opportunities: Many employers perform background checks as part of the hiring process. A conviction marked as “set aside” signals that the individual has completed all penalties associated with the conviction and may be viewed more favorably.
2. Restored Civil Rights: In some cases, setting aside a conviction can help restore certain civil rights that were lost due to the conviction, such as the right to own a firearm or the right to vote. However, this is not automatic and varies depending on the crime.
3. Increased Housing Opportunities: Some landlords may refuse to rent to individuals with criminal records. Having a conviction set aside can make it easier to secure housing, as it shows that the individual has rehabilitated.
4. Reputation Repair: A set-aside conviction may help improve the individual’s reputation and remove the social stigma often associated with a criminal record.

How to Apply for a Conviction to Be Set Aside

The process for setting aside a conviction in Arizona involves submitting an application to the court where the conviction was originally made. The application must be filled out accurately and thoroughly, providing evidence of the individual’s compliance with all sentencing requirements. The court will review several factors in determining whether to grant the set-aside, including:

• The nature of the offense.
• Whether the individual has met all terms of their sentence.
• The individual’s compliance with probation and other court-ordered obligations.
• The individual’s conduct since the conviction.

At Sheldora Law Firm, we specialize in helping clients through this process, ensuring that their application is properly prepared and supported by all necessary documentation.

Conclusion

At Sheldora Law Firm, we understand how important it is to have a clean slate. Whether you’re looking to set aside a conviction for employment purposes, housing opportunities, or just peace of mind, we are here to guide you through the process. Arizona’s laws surrounding expungement and the setting aside of convictions provide a second chance for individuals who have successfully served their time and are ready to move forward.

If you believe you may be eligible for a set-aside or expungement under Arizona law, contact Sheldora Law Firm today for a consultation. Our experienced legal team will review your case, explain your options, and help you achieve the best possible outcome.