How to expunge a felony in Arizona?

How to Expunge a Felony in Arizona

Expunging a felony conviction in Arizona can be a complex and time-consuming process, but it is possible with the right guidance. In this article, we will outline the steps you need to take to expunge a felony in Arizona and provide you with the necessary information to navigate the process.

What is Expungement?

Expungement is the process of sealing or destroying your criminal record, which means that your felony conviction will not be available to the public and will not be considered when you apply for jobs, loans, or other opportunities. In Arizona, expungement is governed by Arizona Revised Statute (ARS) 13-907.

Who is Eligible for Expungement?

To be eligible for expungement in Arizona, you must meet the following criteria:

• You must have been convicted of a felony and have completed your sentence, including any probation or parole.
• You must have been released from custody and have not been convicted of any other felony or serious misdemeanor within the past 5 years.
• You must not have been convicted of a violent crime, such as murder, sexual assault, or kidnapping.
• You must not have been convicted of a crime that is considered a "strike" under Arizona law.

How to Expunge a Felony in Arizona

The process of expunging a felony in Arizona involves several steps:

• Step 1: Gather Required Documents

  • You will need to gather the following documents:

    • A copy of your conviction record
    • A copy of your sentence and release papers
    • A copy of your driver’s license or state ID
    • Proof of identity and residency

• Step 2: Fill Out the Petition

  • You will need to fill out a petition for expungement, which can be obtained from the court or downloaded from the Arizona Supreme Court’s website.
  • The petition should include the following information:

    • Your name and address
    • The name and address of the court where you were convicted
    • The date and place of your conviction
    • The charges and sentence you received
    • A statement explaining why you are seeking expungement

• Step 3: Pay the Filing Fee

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  • You will need to pay a filing fee, which is currently $333.50.

• Step 4: Serve the Prosecutor

  • You will need to serve the prosecutor with a copy of your petition and supporting documents.

• Step 5: Attend the Hearing

  • You will need to attend a hearing in front of a judge to present your case for expungement.

• Step 6: Receive the Judge’s Decision

  • The judge will review your petition and supporting documents and make a decision on whether to grant or deny your request for expungement.

What Happens After Expungement?

If your petition for expungement is granted, your felony conviction will be sealed or destroyed, and you will not be required to disclose it on job applications or other forms. However, there are some important things to keep in mind:

• Public Access: While your conviction will be sealed or destroyed, it may still be accessible to law enforcement and other government agencies.
• Employment: While you will not be required to disclose your conviction on job applications, some employers may still be able to access your criminal record.
• Education: If you are seeking admission to a university or college, you may still be required to disclose your conviction.

Timeline for Expungement in Arizona

The timeline for expungement in Arizona can vary depending on the complexity of your case and the workload of the court. However, here is a general outline of what you can expect:

• Processing Time: The court will typically take 2-3 months to process your petition and schedule a hearing.
• Hearing: The hearing will typically take 1-2 hours.
• Decision: The judge will typically make a decision on your petition within 1-2 weeks of the hearing.

Frequently Asked Questions

• Can I expunge multiple felony convictions?: No, you can only expunge one felony conviction at a time.
• Can I expunge a felony conviction if I am still on probation or parole?: No, you must have completed your sentence, including any probation or parole, before you can seek expungement.
• Can I expunge a felony conviction if I have been convicted of a crime in another state?: Yes, but you will need to obtain a certified copy of your conviction record from the other state and submit it with your petition.

Conclusion

Expunging a felony conviction in Arizona can be a complex and time-consuming process, but it is possible with the right guidance. By following the steps outlined in this article and understanding the eligibility criteria and timeline for expungement, you can take the first step towards sealing or destroying your criminal record and moving on with your life.

Table: Expungement Eligibility Criteria

Table: Expungement Process Timeline

Bullets: Expungement Benefits

• Sealed or destroyed criminal record
• Increased job opportunities
• Reduced stigma and discrimination
• Improved education and housing opportunities
• Reduced risk of being denied employment, loans, or other opportunities due to a criminal record