This is the next article in my series on sealing records in Phoenix and other parts of our state. My last article discussed the fact that sealing an Arizona record does not restore one’s gun rights. Being in possession of a firearm, even after your record has been sealed, can result in federal charges under 18 USC 922(g). An experienced attorney can assist you with understanding what rights you do, and do not have in a given situation. In this article I will explain the typical process one must go through in order to seal their history. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
The process of sealing a record begins by filing a Petition with the Court. This Petition will include information about the offense, the completion of your Court requirements, and more. Once your Petition has been filed, then the DPS will prepare a required report which is submitted to the Court. The Prosecution and any victims of the offense will also be given an opportunity to object to the Petition. So that all of these necessary steps can be completed, the Court will typically not rule on the Petition for at least sixty days. The Court can rule on the Petition sooner, however, if all needed information has already been provided to the Judge. This would include, for example, the DPS reports as well as Notices from the prosecution and the victims stating that they do not object to the Petition.
The Court is not required to hold a hearing in order to grant the Petition. Quite often, if everything appears in Order, the Judge will grant the Petition without holding a hearing. If the Judge has questions about the matter, or if there is an objection, then the Court may choose to hold a hearing on the matter. Once the Petition is granted then an individual is permitted to state on most applications for housing or employment that they have never been arrested or charged with a crime, in regard to the sealed offense. It must be remembered, however, that one will not be able to deny the offense when applying for a fingerprint clearance card or when they are applying for types of employment which still require disclosure. Counsel can assist you with understanding when you are, and when you are not, required to disclose the conviction.
It is important that one not pick up any new criminal charges while their Petition is pending. If the Petition is pending, and new charges are filed against the Petitioner, then they must inform the Court of the new case. The Court is not permitted to rule on the Petition until the new case has reached a resolution. Depending on the nature of the new case, such a situation may result in the Court denying the Petition.
If you are eligible to clear your criminal history then it is typically a good idea to do so as soon as possible. There are instances in life in which one may be required to pass a background check on short notice. The loss of a job, for example, can require one to seek work immediately. Having one’s record already sealed will allow them to avoid delay with moving their life forward. As a Phoenix record sealing lawyer, I am able to assist with such matters. Contact my office online or by telephone today to schedule an initial consultation. 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.