Learn more about Expungements and Sealing of Criminal Records and Arrests

Arizona does not have an expungement statute that allows for the removal of a criminal record from the criminal history database or public record. However, Arizona does have a recently enacted statute that allows for the sealing of a criminal record or an arrest under certain circumstances.

Sealing Criminal Records

To seal the record of a criminal conviction, you must wait 10 years after you have completed probation for a class 2 or 3 felony. For a class 4, 5, or 6 felony, you must wait five years. For a class 1 misdemeanor, you must wait three years, and for a class 2 or 3 misdemeanor, you must wait two years to petition the court to seal the conviction.

In all cases, if an order of restitution was made upon your conviction and sentencing, that restitution must be paid in full before you can file your petition to seal the conviction record.

Sealing Arrest Records

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.

Restoration of Rights

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 imprisonment 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. This includes crimes against children and sexual offenses.

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.

Out-of-State Convictions

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.

Experienced Expungement and Record Sealing Attorneys

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.