This is the next post in my series on sealing criminal records in Arizona. My last article explained the difference between sealing and expunging an Arizona record. It is important to understand that, while sealing does provide many benefits, there are some situations where the record is still a hindrance. An experienced attorney can help you to understand whether or not sealing your record will help with your particular situation. In this article I will discuss the waiting periods and requirements which must be met before one can move forward with the process. If you or a loved one need assistance then contact my office today to speak with a Phoenix lawyer.
The timeframe for sealing an Arizona record begins once one has met all of the Court’s requirements
An individual may Petition the Court to seal their record after the requisite waiting period for their level of offense has passed. It is important to understand that time does not start to count towards the waiting period until after they have completed their term of incarceration or after they have completed parole or probation, whichever is later. Also one may not file their Petition until they have paid all Court ordered restitution, completed any community service requirements, and all other requirements are satisfied. In other words, one must complete all of these requirements and then wait for the amount of time required under their level of offense. The waiting periods for each level of offense are as follows:
- Ten years for a Class Two or Class Three Felonies
- Five years Class Four, Five, or Six Felonies
- Three years for Class One Misdemeanors
- Two years for Class Two or Three Misdemeanors
It should be noted that these are the waiting periods for first-offense felony convictions only. Repeat felony offenders will have a longer waiting period. If one was arrested but no charges were filed, or if one were acquitted or had their case dismissed, then they may seek to seal the arrest and subsequent charges immediately.
Once one files the Petition to seal their Arizona records then the Court must wait sixty calendar days before making a decision. This sixty-day time frame can be waived if the prosecution and impacted victims file a Notice stating that they do not object to the sealing. The Court may choose to grant the Petition without a hearing. Whether or not a hearing will be required, however, is within the discretion of the Judge. While the foregoing process may sound straightforward, filing your Petition early or incorrectly can result in it being denied. This is important as one may not file a new Petition for three years if the Court denies their initial request.
Retain a Phoenix attorney for assistance with sealing your Arizona record
One of the best ways to ensure that your record sealing Petition is handled correctly is to hire an experienced attorney to assist you. Counsel will be able to tell you whether or not you are eligible to move forward with the process and they will make sure that your Petition is properly filed. Should the Court choose to hold a hearing on the matter, then your representative will protect your interests in Court and answer any questions which the Judge may have. In other words, retaining counsel who is experienced in such matters helps to ensure that your case is handled correctly.
If you need assistance with clearing your criminal history then contact my office today to speak with a Phoenix record sealing lawyer. My office believes that everyone should have the opportunity to move forward in life after they have completed their time. I will make sure that your rights are protected throughout the process and be in regular communication with you so that your questions are answered. Contact my firm online or by telephone today to schedule an appointment. 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.