The Power of Sealing Criminal Arrest Records in Arizona

One of the significant benefits of Arizona’s new Motion to Seal law is the opportunity to have an old arrest erased. 

In America, the foundation of justice lies in the presumption of innocence for all citizens. This principle is enshrined in our legal system and ensures that an individual is considered innocent until proven guilty beyond a reasonable doubt.

Consequently, if someone has been arrested but has not been convicted of a crime, their arrest record should not taint their innocence. 

Arizona’s law solves this Constitutional issue. Individuals may have their old arrest records erased, providing them with a clean slate and renewed opportunities.

The Challenge of the 7-Year Window

However, despite the significant advantages of the Motion to Seal law, a real-life challenge arises for individuals seeking to seal their arrests in Arizona. 

In Arizona, the State has seven years to bring felony charges (1 year for misdemeanors) against a person. 

This means if a person is arrested on August 1, 2023, he may not face charges until July 31, 2030.

Judges’ Inquiry and Possible Denial

So when you file a motion to erase an arrest, judges might consider the elapsed time since the arrest occurred. Judges may deny the motion to seal the arrest record in cases with time left on the seven-year window.

No Precedence Yet

The Motion to Seal Criminal Records law is brand new in Arizona. There haven’t been any reported cases related to this issue of the seven years. 

Conclusion:

Sealing criminal arrest records in Arizona offers individuals the power to reclaim their innocence and secure a fresh start. 

Despite the challenge posed by the 7-year window, the benefits of erasing old arrests are immense for those who have not been convicted of a crime.

If you are considering sealing your old arrest records or need more information, do not hesitate to contact me at 602-284-3035 or via email at derronw@msn.com. 

Empower yourself with the knowledge and resources needed to shape a brighter future.