A.R.S. 13-911 does a lot of good for people who want a fresh start in life.
The most important benefit of the new law is that it allows you to state on employment applications, rental applications, Financial aid, etc., that you have never been convicted of a crime.
Arizona’s Motion to Seal Law and Federal Convictions
One of the most popular questions I’ve received lately by email and on social media is:
“Can I seal my Federal Conviction under the new Arizona Law?
The U.S. federal court system has not adopted an expungement law, which is the process of legally destroying, obliterating, or striking out records or information in files, computers, and other depositories relating to criminal charges.
Also, Arizona’s new law can’t override Federal law because of the “Supremacy Clause.”
The United States Supremacy Clause
The Supremacy Clause is a provision in Article VI of the United States Constitution that establishes the federal Constitution, and federal law generally, as the “supreme law of the land.”
It provides that state judges are bound by the Constitution and that state courts must uphold federal law when there is a conflict with state law.
Or, simply put,
The Supremacy Clause is a part of the United States Constitution that says that federal laws are more important than state laws.
If there is a conflict between a federal law and a state law, the federal law must be followed. This means that if the federal government makes a law, it must be followed by all states, even if some states don’t agree with it.
This helps keep the country united and consistent with laws and regulations. It is like a boss, the federal government has the power to make the final decision and states have to follow it.
This Supremacy Clause is why the new Arizona’s Motion to Seal law A.R.S. 13-911 can not seal your Federal conviction.
Federal Crimes and Records
Federal criminal records refer to criminal records that pertain to offenses committed under federal law.
The main differences between State crimes and Federal crimes are the jurisdictions where the crimes are tried and the laws that are used to prosecute them.
Federal crimes are typically more serious offenses, such as those involving national security, interstate commerce, or violations of federal statutes. Examples of federal crimes include drug trafficking, money laundering, tax evasion, white-collar crimes, immigration offenses, and others.
State crimes, on the other hand, are typically less serious offenses, such as those involving state laws and local regulations. Examples of state crimes include assault, burglary, and traffic violations.
Federal law enforcement agencies, such as the FBI and DEA, are responsible for investigating and enforcing federal crimes.
Federal courts have jurisdiction over federal crimes, while state courts have jurisdiction over state crimes.
The punishment for federal crimes is usually harsher than for state crimes, as federal law often carries harsher penalties and longer sentences.
The One Way to Seal Your Federal Criminal Record
A Presidental pardon is one way to get a federal criminal record expunged or sealed.
Pardons are granted by the President of the United States, and they can provide relief from the legal consequences of a federal conviction, including restoring certain rights and reducing or eliminating a federal sentence.
However, it’s important to note that presidential pardons are extremely rare, and the process of obtaining one can be lengthy and complex.
Summary:
Unfortunately, you can not benefit from the new Arizona Motion to Seal law if you have a Federal conviction.
However, if you or someone you know has been affected by an old criminal (State) conviction and you want to get it sealed, don’t hesitate to call me today. Don’t navigate the legal system alone, I will work to get your old case sealed so you can get a fresh start in life.