Arizona law allows individuals to Set Aside criminal convictions and Seal criminal convictions. Understanding these two ways to minimize the long-term effect of a criminal conviction, and how they are different, can help an individual restore civil rights, obtain employment, and travel to foreign countries.
Setting Aside Conviction
Setting aside a conviction does not remove a conviction from your criminal history, but it does change the status of the conviction from “convicted” to “dismissed conviction.”
After the set aside if you are asked “have you ever been convicted” you will still need to respond “yes.” There was a court case where an insurance policy was cancelled and the claim was not paid because the insured told the insurer he did not have any convictions when indeed he had, but the conviction had been set aside.
Setting aside your conviction will restore any rights lost due to the conviction including the right to possess firearms in the State of Arizona. (If you reside in a different state, your state may have additional requirements to restore firearms rights after a conviction.)
A set aside can also help you with employment, obtaining a fingerprint card, professional licensing, and international travel.
A person is not eligible to have their conviction set aside if they were convicted of:
-A dangerous offense.
-An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.
-An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
-A felony offense in which the victim is a minor under fifteen years of age.
There is no waiting period for an Application to Set Aside, although all fines, fees, and restitution must be paid in full or the Application will be denied.
Sealing Conviction
There is a new law that took effect January 1, 2023 which will allow you to apply to have the conviction sealed. Sealing the conviction will remove it from your criminal history, but it will not remove it from your Motor Vehicle Record if it was a vehicular offense.
Class 2 felonies require you to wait 10 years after completion of probation or prison sentence.
Class 3 felonies require you to wait 10 years after completion of probation or prison sentence.
Class 4 felonies require you to wait 5 years after completion of probation or prison sentence.
Class 5 felonies require you to wait 5 years after completion of probation or prison sentence.
Class 6 felonies require you to wait 5 years after completion of probation or prison sentence.
Class 1 misdemeanors require you to wait 3 years after completion of probation or prison sentence.
Class 2 misdemeanors require you to wait 2 years after completion of probation or prison sentence.
Class 3 misdemeanors require you to wait 2 years after completion of probation or prison sentence.
Once a conviction is sealed, the court records of the conviction will be sealed and not available to the general public. The conviction will be removed from your criminal history and will no longer need to be disclosed as a conviction in most circumstances, but can still be required to be disclosed in certain circumstances.
A person is not eligible to have their conviction sealed if:
-Sentenced as a dangerous offender pursuant to section 13-704.
-Convicted of a dangerous crime against children as defined in section 13-705.
-Convicted of a serious offense or violent or aggravated felony as defined in section 13-706.
-Convicted of any offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
-Convicted of any offense involving the infliction of serious physical injury on another person.
-Convicted of sex trafficking pursuant to section 13-1307.
-Convicted of a class 2, 3, 4 or 5 felony offense that is a sexual offense.
If you wish to go through either or both of these processes, please contact criminal defense attorney Russ Richelsoph for guidance. rrichelsoph@davismiles.com