Most second-chance laws don’t focus on how to get an arrest expunged. Most laws in America focus on erasing or sealing criminal convictions.
However, what happens when you were never convicted of a crime? Arizona’s new Seal Criminal Record law now allows you to seal your ARREST.
How to Get an Arrest Expunged: A Comprehensive Guide
At some point in your life, you may have been arrested for a crime, even if you were not ultimately convicted. While the charges may have been dropped or dismissed, the arrest record may still be accessible to the public.
This can have serious implications for your future, such as difficulty in finding a job or housing. However, there is a way to remove this record from public view – expungement (Motion to Seal Criminal Record).
How Long Does an Arrest Stay on Your Record?
In Arizona, an arrest will stay on your record forever. Actually, Arizona will purge your record at 99 years old. But if you’re not 99, you will have to file a Motion to Seal a Criminal Record under A.RS. 13-911 to get an Arrest off your record.
How Do I Clean my Record in Arizona?
Expungement is the legal process of sealing or destroying criminal records, INCLUDING ARREST RECORDS. This means that the record will no longer be available to the public, including employers, landlords, and others who may conduct background checks. In this guide, we will discuss the steps involved in getting an arrest expunged.
Step 1: Determine Eligibility to Get an Arrest Expunged
The first step in getting an arrest expunged is to determine if you are eligible. In general, you may be eligible for expungement if:
- You were arrested but not convicted of a crime
- Your conviction was later overturned or dismissed
- You completed a diversion or deferred adjudication program
- You have no other criminal convictions on your record
Arrest for Non-Eligilbe Crime
It is important to note that at this early stage in the law, it is unclear whether a non-eligible arrest is available to seal your arrest. (Instead of conviction).
For example, in general, a class 1 Felony conviction is not eligible to be sealed. However, suppose you were arrested for a very serious crime, but the case was dropped because you had an air-tight alibi.
Because you are innocent until proven guilty under the U.S. Constitution, it would seem that you should be able to seal a false arrest.
Step 2: Get an Arrest Expunged – Gather Required Documents
Once you have determined that you are eligible for expungement, you will need to gather the necessary documents to support your application. These may include:
- A copy of your criminal arrest record
- A copy of your FBI Background record
Step 3: File an Application for Expungement
The next step is to file an application for expungement in Maricopa County Superior Court.
This is different from filing a motion to seal a conviction. A motion to seal a conviction must be filed in the court in the jurisdiction where the conviction occurred.
However, for ARREST, all jurisdictional arrests must be filed in Superior Court.
Step 4: Wait for a Decision
After you have filed your application, you will need to wait for a decision from the court. The length of time it takes to receive a decision varies. So far, roughly two months after this law began, the timeline has been at least 60 days. I wrote about the timeline here: New Arizona Expungement Law
If your application is granted, the court will issue an order to seal or destroy your arrest record. This means that the record will no longer be available to the public.
However, it is important to note that some government agencies, such as law enforcement or the courts, may still have access to the record.
Step 5: Follow Up to get an Arrest Expunged
Once your arrest record has been expunged, it is important to follow up with any agencies or organizations that may have previously had access to the record. This may include employers, landlords, or others who conducted background checks. You may need to provide them with a copy of the expungement order or other documentation to prove that the record has been expunged.
Summary
Getting an arrest expunged can be a complicated and time-consuming process, but it is worth the effort to protect your future. With an arrest expungement, individuals can move forward with their lives without the stigma of their past mistakes.
If you are interested in getting an arrest expunged, please contact me at derronw@msn.com
Derron