SEALING ARREST RECORDS IN ARIZONA
Arrest Records Never Go Away Unless You Seal Them
When you’re arrested in Arizona, a criminal record is created with the Arizona Department of Public Safety Criminal History Records Division, who then forwards these records to the FBI Criminal Justice Information Services Division, making his or her records available to be found when conducting a background check.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our Secure Eligibility Test and then schedule an appointment to discuss your results and options.
Mr. Eastman serves as the firm’s managing partner, and is licensed to practice law in California, Oregon, and Texas.
Sam has helped thousands of clients expunge, seal, and set-aside records across the country, and has a passion for criminal justice reform. Previously, Mr. Eastman represented a number of corporate clients, focusing on tax law, mergers and acquisitions, and a variety of corporate transactions.
Mr. Eastman earned his JD and LLM from the University of San Diego School of Law, and his undergraduate degree from the University of Oregon.
Can You Seal Your Arizona Arrest Record
Getting arrested or charged with a crime in Arizona will almost always produce a criminal record. If convicted of that crime, you can often have it set aside after you’ve received a final discharge from your sentence. However, if your charges were dismissed or you were found guilty, you can rarely do anything to get rid of your arrest record despite the fact that you weren’t even found guilty
- General Requirement to Seal Arizona Arrest Recordexpand_more
Arizona permits the sealing of arrest record, however, it unfortunately only does so when the arrest or indictment was “wrongful” itself. This is not the same thing as being arrested and then later found not guilty. Rather, you must establish that ARS 13-4051 requires that the arrest itself arrest was illegal, unlawful, or unjust. In most circumstances this is a very high standard to meet. The specific text of ARS 13-4051 reads as follows:
“…wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry on all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.”
For this reason, we do not seal many arrest records in Arizona, as establishing that the arrest was “wrongful” is usually fairly challenging. Unfortunately, many arrest records that do not belong in the public record, at least in our opinion, will likely remain there until there is a change in Arizona law relating to arrest record sealing.
However, if you believe that you were arrested, and that arrest was illegal or wrongful, our law firm is more than happy to help you to completely seal and remove your arrest record from the public record. If you are unsure whether your arrest was “wrongful” under Arizona state law, our legal team is here to help you evaluate whether we feel that you have a reasonable chance of success. The first step in this process is to take our Secure Eligibility Test, set up an appointment with or staff, or give us a call at (844) 947-3732 to see if anybody is available right now to talk.
Legal Effect Of Sealing Your Arizona Arrest Record
The sealing of an arrest record under Arizona law allows you to legally state that you were not arrested, and have not been convicted, of the crime. It removes the records from public view. The two biggest issues our law firm’s clients encounter relate to obtaining employment with a criminal record and restoring their firearm rights, so we’re going to discuss each.
- How will sealing my arrest record help me get a job?expand_more
Sealing an Arizona arrest record is one of the best ways to improve your chances of obtaining a job with a criminal record. If the sealing of your criminal record is granted, the court must order all official records pertaining to the case to be sealed and treated as if it never occurred. The record will no longer be available to the public or appear in background checks, obviously expanding opportunities for those with a criminal record history. Various criminal justice agencies can access sealed records in specific circumstances, but law enforcement agencies and courts are required to not release copies or provide access to such records. The bottom line is that a sealed criminal record will not appear in virtually any employment-related background check.
- Will sealing my arrest record restore my Second Amendment rights?expand_more
Sealing an arrest record will likely have no effect on your firearm rights, as an arrest can almost never restrict your firearm rights in the first place. Arizonians are permitted to petition for the restoration of their firearm rights after waiting the required time period under ARS § 13-910, but the process involves either setting aside a conviction or receiving a pardon from the Governor of Arizona.
We will go into more detail regarding restoring Second Amendment rights in Arizona on our Arizona Firearm Rights Restoration page, but restoration typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.Some of the Potential Benefits of Setting Aside Your Arrest Record in Arizona Include:
Removing a finding of guilt and closing the case on your criminal record to help you get a better job
Restoring your Second Amendment Rights to own a firearm
Becoming eligible for professional licenses you previously did not qualify for
Increased eligibility for student loans, housing assistance, and government programs
Improving your ability to obtain higher-paying job opportunities
Improving access and admission to college and other educational resources
We Are Here to Help
Each of Arizona's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Arizona criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Arizona criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Arizona criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Arizona state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!