How to Get a Felony Expunged in Arizona

Yes, an individual may be able to set aside a felony from their criminal record in the State of Arizona. Prior to the early 2020s, Arizona did not have the same expungement process as other states but, instead, a felony could only be set aside.

This process does not erase the conviction or prevent the public from viewing it as a traditional expungement does. It places a notation on the individual’s criminal record, stating that it has been set aside.

This process can benefit the individual because it shows that they met all of the requirements, which can put them in a more favorable position with potential employers and landlords. It can also be used to restore their gun ownership rights.

Beginning in 2021, Arizona began to pass laws allowing individuals to have certain crimes expunged from their records. This means that individuals who were arrested for, charged with, or convicted of a variety of offenses could have their records sealed or completely erased.

In 2023, the State of Arizona passed more expansive expungement laws that allowed individuals to have more offenses expunged from their criminal records. This means that those offenses will no longer appear on criminal background checks.

The only way a party would be able to access those records once sealed is to get a court order. This process also allows the individual to be able to state that they have never been arrested or convicted of a crime when they submit an application for housing or employment.

This can be extremely helpful in allowing an individual to have a fresh start. It is important to be aware that, even though a criminal record may be sealed, certain government officials may still be able to access the record.

In other words, although a sealed or expunged criminal record cannot be found by members of the public, there will still be a record of it with the court. There are also requirements and restrictions to obtaining an expungement in Arizona that will be discussed below.

If an individual has a felony conviction on their criminal record, it can cause them to have issues with things such as:

• Getting housing
• Obtaining a professional license
• Finding employment
• The right to vote

Even in cases where an individual’s criminal case did not conclude with a formal conviction, when an individual has a record of arrest or criminal prosecution, it can cause them similar issues as if they had a conviction.

Prior to 2023, the State of Arizona was the only state that did not make sealing or expungement available for a non-conviction record. Currently, however, individuals in Arizona can petition to have uncharged arrests, dismissed charges, and acquittals sealed as well.

Another relatively new form of assistance for individuals convicted of criminal offenses in Arizona is a Certificate of Second Chance. Under this law, an individual may obtain a court order, including a Certificate of Second Chance at sentencing after they are convicted of a criminal offense.

This certificate will allow them to petition to have their record set aside as well as achieve judicially certified rehabilitation. This can allow the individual to restore their rights to get certain professional certifications that they typically would not have access to following a conviction of certain offenses, including jobs involving medical cases, childcare, and teaching.

As noted above, certain parties, such as law enforcement agencies and licensing or employment entities may still be able to access sealed or expunged criminal records when an individual is:

• Applying for a state license where they are required to swear under penalty of perjury regarding their criminal record
• Applying for immigration or naturalization procedures
• Asked about their expunged criminal record under oath at a criminal trial
• Applying for employment with the military or federal government that requires a security clearance or background check

To get more information on expunging a conviction in Arizona, it is important to consult with a local Arizona lawyer.

Factors Influencing Felony Expungement

There are factors that may influence the decision of a court when determining whether or not to grant a felony expungement, including:

• The nature of the criminal offense
• How old the individual was at the time of the offense
• The amount of time that has passed since the individual was arrested or convicted
• Whether the individual has completed the court-ordered requirements for their sentence
• Whether an individual has other felony convictions
• Whether the victim was under 15 years of age
• Whether the crime was sexually motivated

Which Felonies Can Be Expunged?

In Arizona, the following categories of felonies may be eligible to be expunged:

• Class 2 and 3: After ten years
• Class 4, 5, and 6: After five years

When an individual has a prior felony conviction on their record, it adds five more years to the existing waiting period. If they have two or more convictions, they cannot ask for their record to be sealed until the required time period has passed for each conviction.

In order to be eligible for expungement in Arizona, an individual must:

• Complete their sentence
• Pay all of the required fees, fines, and restitution amounts
• Complete mandatory waiting periods

In some situations, if an individual cannot afford certain fees, they may be able to request a waiver. An Arizona lawyer can help determine if an individual qualifies for a waiver as well as assist them with applying for one.

The Process of Expunging a Felony

In Arizona, the general process for expunging a felony includes:

• Waiting the required amount of time after completing the sentence
• Filing an application for expungement
• Paying the required application fees
• Providing the necessary documentation
• Appearing in court, if necessary

It may take six months or more to complete the expungement process. It may also take longer after that process for law enforcement agencies to adjust an individual’s criminal record.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

Once a felony is expunged, it is not totally erased from an individual’s criminal record, but it is no longer a matter of public record. When a background check is performed for the individual, the expunged offense should not show up.

There are, however, as discussed above, some instances where law enforcement agencies and employment agencies may access the records, such as when individuals apply for:

• Healthcare positions
• Legal professions
• Government positions
• Education positions
• Law enforcement positions
• Financial services positions
• Positions working with children

To find out more about when an individual may have to disclose a restricted felony in Arizona, it is important to consult with an attorney.

Which Felonies Are Not Eligible for Expungement?

There are certain Felonies in the State of Arizona that are not eligible for expungement, such as:

• Class 1 felonies
• Sex crimes
• Violent crimes

These include offenses that involve deadly weapons or knowingly inflicting serious bodily injury on another individual.

Do I Need an Attorney for Help With Felony Expungement?

When you have a criminal record in Arizona, you may encounter issues when you try to obtain employment or housing. If you would like to find out whether your felony conviction is eligible for expungement, you should reach out to an Arizona expungement lawyer.

You can use LegalMatch to find an Arizona expungement lawyer near you who can start working on your request as soon as possible by submitting your question on the website in as little as 15 minutes. You will receive responses from lawyers who can help you with the Arizona expungement process and, if for some reason you are not eligible, determine if there are other options that may be available to assist you.