{"id":23906,"date":"2023-09-18T16:01:02","date_gmt":"2023-09-18T16:01:02","guid":{"rendered":"https:\/\/rideoutlaw.com\/?p=23906"},"modified":"2023-10-27T15:33:35","modified_gmt":"2023-10-27T15:33:35","slug":"sealing-records-in-criminal-cases","status":"publish","type":"post","link":"https:\/\/rideoutlaw.com\/es\/sealing-records-in-criminal-cases\/","title":{"rendered":"A.R.S. 13-911: Sealing of Arrest, Conviction, and Sentencing Records in Criminal Cases"},"content":{"rendered":"

A.R.S. 13-911: Sealing Records from Criminal Cases<\/strong><\/h2>\n

The State of Arizona has established clear guidelines and procedures for the sealing of arrest, conviction, and sentencing records through Arizona Revised Statute 13-911. This statute outlines the conditions under which an individual may request the sealing of their records, the process involved, and the implications of such sealing.<\/p>\n

Eligibility for Sealing Records<\/strong><\/h3>\n

Under this statute, individuals can request the sealing of their records if they fall into one of the following categories:<\/p>\n

    \n
  1. Completed Sentence<\/strong>: Persons who have been convicted of a criminal offense and have successfully completed all terms and conditions of their court-imposed sentence, including monetary obligations and restitution to victims.<\/li>\n
  2. Dismissed Charges or Not Guilty Verdicts<\/strong>: Individuals who were charged with a criminal offense, but those charges were subsequently dismissed or resulted in a not guilty verdict at trial.<\/li>\n
  3. No Charges Filed<\/strong>: Persons who were arrested for a criminal offense, but no charges were ultimately filed against them.<\/li>\n<\/ol>\n

    \u00a0<\/strong>Waiting Periods and Eligibility<\/strong><\/h3>\n

    Section E of A.R.S. 13-911 is a critical part of this statute, addressing waiting periods and eligibility criteria for individuals seeking to have their records sealed. It specifies that individuals who have been convicted of an offense and have not subsequently been convicted of another offense (excluding specific violations) can petition the court to seal their records after completing all sentence requirements, including financial obligations.<\/p>\n

    The waiting periods vary based on the severity of the offense:<\/p>\n

      \n
    1. For class 2 or 3 felonies, a ten-year waiting period applies.<\/li>\n
    2. For class 4, 5, or 6 felonies, a five-year waiting period is required.<\/li>\n
    3. For class 1 misdemeanors, a three-year waiting period is necessary.<\/li>\n
    4. Class 2 or 3 misdemeanors have a two-year waiting period.<\/li>\n<\/ol>\n
        \n
      1. The statute also considers prior historical felony convictions. If an individual has such a conviction, they must wait an additional five years after the standard waiting period outlined in Section E before they can petition for record sealing.<\/li>\n<\/ol>\n

        Petitioning for Sealing Records<\/strong><\/h3>\n

        To initiate the record-sealing process, the individual must file a petition in one of the following courts, depending on their circumstances:<\/p>\n

          \n
        1. The court of their conviction.<\/li>\n
        2. The court where charges were filed and subsequently dismissed or resulted in a not guilty verdict.<\/li>\n
        3. The court where the initial appearance occurred if no charges were filed.<\/li>\n
        4. The superior court in the county where the arrest took place if there was no initial appearance and no charges were filed.<\/li>\n<\/ol>\n

          Important Procedures and Considerations<\/strong><\/h3>\n

          Before granting or denying a petition to seal records, the court must adhere to several essential procedures and considerations:<\/p>\n