This is the next post in my series on sealing a criminal record in our state. My last article explained what it means to seal an Arizona criminal record. While doing so provides many benefits to an individual, it does not completely erase the record from existence. An experienced attorney can help you to understand how going through the process can impact your particular situation. This article will expand upon my prior discussion by explaining the difference between sealing a record and expunging it. While our state does not allow for expungements (except for in limited circumstances), this discussion is important in that it helps to explain what sealing a record does and does not do. If you or a loved one are in need of assistance then contact my office today to speak with a Phoenix lawyer.
Sealing an Arizona criminal record only hides it from public view, it does not destroy the record
As I explained in my last article, Arizona arrest and conviction records can be hidden from public view once they have been sealed. This can assist with passing some employment-related background checks and it can also assist with housing applications. A sealed record, however, still exists. It can be accessed by law enforcement, prosecutors, Court personnel, and other government agencies. A record that has been expunged, by contrast, is completely removed from the Court’s records and is considered to have not occurred. This means that it will not show up on any search. It also means that one may possibly be permitted to possess a firearm under 18 USC 922. It must be stressed, again, that Arizona does not allow for the expungement of records (except for in certain types of marijuana cases).
The reason I consider it important to explain the difference between sealing a record and expunging it is that many individuals mistakenly believe that sealing their record provides them with the benefits that are only available through an expungement. This can result in one improperly applying for a fingerprint clearance card or improperly filling out some other form of government application. Worse, if an individual seals a felony conviction and is later found in possession of a firearm then they may face federal charges under 18 USC 922(g). The best way to fully understand the benefits that are, and are not, provided by sealing a record is to discuss your situation with an attorney.
Contact a Phoenix record sealing lawyer to gain an understanding of your options
If you need assistance with clearing your criminal history then contact my office today to speak with a Phoenix record sealing lawyer. I will take the time needed to help you understand whether or not you are eligible to move forward with the process. My firm is founded on the idea that everyone is entitled to both quality representation and respect. I look forward to speaking with you. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson. We are also able to assist out of state individuals who need to complete this process.