Under A.R.S 13-906, 13-907, 13-908, and 13-910, certain circumstances allow those with previous felony convictions to restore their civil rights.
The courts are required to alert those with a felony criminal record if and when they qualify to restore their civil rights. These rights may include owning a firearm, voting, serving as a juror, and holding a position of public office of trust or profit.
If you have 2 or more felony convictions, you can apply to restore your civil rights after completing your probation or after two years of your absolute discharge as long as all your fines and restitution have been paid. You’ll need to fill out the required form and turn it in to the courts for consideration.
Sealing Your Criminal Record in Arizona
Arizona also allows those convicted of certain crimes to seal their record. This is different from setting aside charges because you don’t have to disclose that conviction on any application, test, or other document. It provides more opportunity for crucial rights like employment, housing, gun ownership, etc.
You can find information on record sealing in A.R.S 13-911.
Here are some of the requirements for eligibility:
- Must have completed all terms and conditions of your sentence, including paying all fines and finishing probation.
- Must wait the eligibility period based on the class of your charge.
- Class 2 or 3 Felony - 10 years before eligible
- Class 4, 5, or 6 Felony - 5 years before eligible
- Class 1 Misdemeanor - 3 years before eligible
- Class 2 or 3 Misdemeanor - 2 years before eligible
Some convictions that don’t qualify for record sealing include the following:
- Offenses of dangerous nature under A.R.S 13-704
- Dangerous crimes against children under A.R.S 13-705
- Violent or aggravated offenses under A.R.S 13-706
- Offenses involving a deadly weapon
- Offenses involving infliction of serious injury
- Sex trafficking and crimes involving sexual offenses or exploitation against children
If you qualify and decide to apply to seal your record, the court must wait 30 days after receiving the application. They’ll spend this time fulfilling obligations like notifying the prosecutor, allowing victims to respond, handling any hearings due to objections, and more.
If the court approves your application, here are a few things to consider:
- Google and online platforms aren’t required to erase the history of your conviction, if it made it onto an online news platform.
- Certain people will still have access to your record, some of these including:
- Law Enforcement
- Prosecutors
- The victim of the crime
- The court
- DCS
- Juvenile corrections
- DOC
- Clerks of the court
It can be extremely beneficial to seal your record and reinstate some of your most crucial freedoms. Working with an experienced attorney can ensure you don’t miss any important steps in the process.