Confession: I feel a bit paranoid because, so far, every motion to seal a criminal record I’ve filed on behalf of my clients has been granted.
As a lawyer, we are always paranoid and try to anticipate the worst-case scenario to protect our clients.
Therefore, I want to explain what judges look at when deciding on whether to grant a motion to seal and what factors I consider before determining the chances of success.
And in turn, you can see what chance you have of getting your old criminal record sealed.
Here are five main reasons judges may grant or deny a Motion to Seal a Record in Arizona.
Factor 1: Involvement of Weapons or Violence
The first and most significant factor is whether the old case involved weapons or violence. While certain cases like murder cannot be sealed, there are others where weapons may be involved but are not excluded by statute. If a motion is filed to seal a record involving weapons or violence, the judge may deny it.
Factor 2: An Individual’s Criminal History
The second factor is the individual’s criminal history. If there are numerous old felony or misdemeanor cases, the judge may deny the motion, especially if those cases were felonies.
Best Case
Having only one conviction, for example, from 15 years ago significantly increases the chances of a motion being granted. However, if there is a recent case or a long history of criminal cases, the chances of approval decrease.
Factor 3: Time Elapsed Since the Conviction
The third factor is the time that has elapsed since the conviction. Different time schedules apply depending on the offense, such as
- three years for a DUI,
- five years for a felony case, and
- seven years for more serious felonies.
Although eligibility is determined by the law, judges still have discretion. Even if someone is eligible, the judge may deny the motion if they believe it is too soon to seal the record.
Factor 4: Prosecutor’s Office and Victim Involvement
The fourth factor relates to notifying the prosecutor’s office and any victims involved in the case. The prosecutor’s input and the victim’s statements can heavily influence the judge’s decision. If the prosecutor objects to the motion or the victim files an objection, the chances of approval decrease.
Note: So far, most prosecutors haven’t responded, and the ones who have, have said they don’t really have a preference. In other words, they’re telling the judge that they don’t really care one way or the other.
Factor 5: Department of Corrections Evaluation (Prison System)
Lastly, when the motion is filed, the judge notifies the Department of Corrections to gather information about the person’s behavior during any prison time served. The judge considers disciplinary issues, behavioral problems, and other factors while deciding whether to seal the record.
Overall, judges base their decision to Seal an old conviction on what is in the best interest of the public.
“Ready to leave your past behind? Call today at 602-284-3035 and let me help you navigate the process of expunging your criminal record.”
– Derron Woodfork