Arizona generally does not provide expungement for most criminal offenses. Instead, state law allows eligible individuals to petition the court to seal certain criminal records and arrests under A.R.S. § 13-911, limiting public access to those records.
However, Arizona does have a true expungement statute for certain eligible marijuana-related offenses. Under A.R.S. § 36-2862, individuals may petition the court to expunge qualifying offenses involving conduct that is now legal (or otherwise eligible) under Arizona law, including:
If you are unsure whether you qualify for record sealing or marijuana expungement, Chuck Franklin can review your case, explain your options, and help you pursue the relief available under Arizona law.
Under A.R.S. § 13-911, there are specific statutory waiting periods you must complete before petitioning the court to seal a criminal conviction. These waiting periods begin after you have completed all non-monetary terms and conditions of your sentence (such as probation or jail time, meaning you are completely “off paper”) and have been officially discharged by the court—rather than after your financial obligations have been satisfied. The required waiting periods are:
However, fulfilling the non-monetary waiting period alone is not enough. In all cases, before you can actually file your petition to seal the conviction record, all court-ordered monetary obligations—including restitution, fines, and fees—must be completely paid in full.
If you were arrested and never charged, you may have your arrest record sealed as well. Keep in mind that the state of Arizona has seven years in which to file felony charges from the alleged date of the incident, with the exception of no statute of limitations on a murder charge.
If this is your first felony conviction, all of your rights are restored automatically, except your right to possess a firearm when you get an unconditional discharge from prison and again, pay your restitution in full. This also includes the successful completion of probation.
Please note that the restoration of your civil rights does not apply to a person’s right to possess firearms as defined in ARS Sec. 13–3101. The right to petition the court for a restoration of your right to bear arms (possession of a firearm) may only occur if you were not convicted of a serious felony unless 10 years have passed since you have been off paper. Individuals convicted of a dangerous offense, which includes the use of a deadly weapon or the intentional infliction of serious physical injury upon another, are not eligible for the restoration of the right to possess a firearm. The only way to restore these rights is if the governor of the State of Arizona pardons you.
All of the above applies to anyone convicted in the state of Arizona. If you come to Arizona from another state where you were convicted of a felony, your only recourse is to petition that state for the restoration of your right to possess a firearm, assuming they have a law similar to Arizona.
At Chuck Franklin Law, we understand the complexities of sealing criminal records and restoring civil rights. Our experienced attorneys are here to guide you through the process and ensure that your rights are protected. Contact us today for a consultation to discuss your options for expungement, record sealing, and the restoration of your rights.