The American legal system is built on the idea of someone receiving new opportunity after they have paid their debt to society. Unfortunately, having a criminal record makes it very difficult for individuals to obtain that opportunity. A record can make seem almost impossible to obtain employment, housing, or to otherwise pass a background check. Fortunately, Arizona law allows for individuals to seal their records so that they are hidden from public view. One is also permitted to state that they have never been arrested when their record is sealed. An attorney can assist you with the process. Bretton Barber is a Phoenix record sealing and expungement lawyer who believes that everyone has the right to move forward in life. Contact our office today for an appointment.
Attorney assisting Arizona residents with the sealing of their criminal history
While record sealing is often referred to as “expungement,” the two terms mean different things. An expungement completely erases the record from existence and all physical copies of it are destroyed. Not even government personnel will be able to obtain a copy of it. Record sealing, by contrast, hides the record from public view so that it is no longer accessible during most background checks. Also, under Arizona law, one is legally allowed to answer “no” when asked if they were arrested for, or convicted of, a crime that has been sealed. It must be understood, however, that law enforcement, court personnel, and other government officials will still have access to the records. While our state allows for the sealing of records, it does not allow expungement.
An individual may seal their record after a requisite waiting period has passed. Time will only begin to count towards this waiting period after they have completed all the requirements of their sentence. This means that time will not start to run towards the waiting period until after one has been released from prison or they have completed all requirements of probation or parole. One must have paid all court-ordered fines and restitution. Once time begins to run, then the waiting periods are as follows:
- Ten years for a Class 2 or Class 3 felony
- Five years for a Class 4, 5, or 6 felony
- Three years for a Class 1 misdemeanor
- Two years for lower-level misdemeanors
These waiting periods may be extended on the basis of additional prior criminal records. If an individual was arrested and found not guilty, or if the prosecution elects not to file charges, then the record of the arrest may be sealed immediately.
Bretton Barber is a Phoenix attorney helping Arizona residents to clear their criminal history. Bretton will use your initial consultation to obtain an understanding of your situation. He will then conduct necessary record searches to make sure he has a complete picture of any arrests, charges, or convictions which you have endured. If you are eligible to clear your history then he will file your application with the Court. The process of sealing a record can quickly become complicated. A mistake can result in the process being delayed or your application being denied. Having a lawyer to assist you can help to prevent this from happening. Contact us online or by telephone today to get started. Bretton is also able to assist individuals in cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson and throughout the state of Arizona.
Clear your Arizona arrest record immediately if no charges were filed
Many individuals do not realize that they will still have a criminal record if no charges were filed by the prosecution after an arrest. In such a situation, the arrest will still appear on background checks. Fortunately, Arizona law allows for arrest records to be sealed immediately if the prosecution has declined to move forward. Our attorney assists with the sealing of such records so that you do not have to explain them on a background check. If you find yourself in such a situation then reach out to our office as soon as possible.