In the past., Arizona has only allowed criminals to have their records expunged (sealed), under certain circumstances: 1. prostitution charges for those found to be victims of sex trafficking; and 2. marijuana-related offenses when marijuana was legalized with the passing of Proposition 207 a couple of years ago.
The only available remedy for those with criminal convictions, seeking to have them "removed" was the "Set Aside." Having a judgement of guilt set aside shot up a flair to prospective renters and employers that a person has paid their dues, both criminally and monetarily. Those convictions were then "not supposed" to affect people's chances for gainful employment or renting. In reality, we'll never know.
However, now, Arizona will enact A.R.S. 13-911 beginning in January 2023.
Those with prior criminal convictions will finally be able to have their convictions sealed from public view. Arizona is finally catching up to the rest of the country, as many states already offer expungement for prior convictions.
Naturally, although those convictions won't be visible in the public record, the legislature made sure they carved out a way for them to be used for purposes of sentencing enhancement, impeachment, and historical prior felonies.
But anyone who's been arrested, charged, convicted, or acquitted of a variety of crimes will now be afforded the opportunity to apply to have those records sealed, keeping those records from affecting employment and housing opportunities. For more information, call our office.