Navigating the impact of a criminal record in Arizona can be challenging, but there are several legal avenues and support organizations available to help individuals move forward. ### **ARIZONA CRIMINAL RECORD HELP: OPTIONS & RESOURCES** Arizona has specific legal processes to modify how a criminal record appears or is used, and a variety of organizations offer assistance with these processes and with re-entry into society. **I. Types of Criminal Record Relief in Arizona** It's crucial to understand the different terms, as they have distinct legal meanings and effects in Arizona: 1. **Setting Aside a Conviction (A.R.S. § 13-905):** - **What it does:** This is the most common form of relief. It means the court "vacates the judgment of guilt" and "releases the person from all penalties and disabilities" resulting from the conviction. - **What it DOESN'T do:** It does _not_ erase or seal the record from public view. The conviction will still appear on background checks, but with an annotation that it has been "set aside." This can still be beneficial as it shows a judge has acknowledged your rehabilitation. - **Eligibility:** Generally available for most misdemeanor and felony convictions once all terms of the sentence (including probation, incarceration, fines, and restitution) have been completed. Certain serious offenses (e.g., sex crimes, dangerous crimes against children, crimes involving deadly weapons) are typically _not_ eligible. - **Process:** You file a petition with the court where you were convicted. The court considers factors like the nature of the offense, your compliance with the sentence, prior convictions, victim input, and the time elapsed since completion of the sentence. 2. **Sealing Criminal Case Records (A.R.S. § 13-911):** - **What it does:** This is a newer option in Arizona, effective as of December 31, 2022. If granted, it **seals** the criminal case record from public access. This means it generally will not appear in standard background checks for employment, housing, or financial aid. You can legally state you were not arrested, charged, or convicted of the sealed offense in most situations. - **What it DOESN'T do:** It does not _erase_ the record entirely. Law enforcement and certain government agencies may still have access. Records published or distributed _before_ sealing may still be accessible. - **Eligibility:** - You were convicted of a criminal offense and have completed all terms and conditions of your sentence (including all monetary obligations and restitution). - You were charged with a criminal offense, and the charge was dismissed or resulted in a not guilty verdict. - You were arrested for a criminal offense, but no charges were filed. - **Waiting Periods Apply after completion of sentence:** - Class 2 or Class 3 felony: 10 years - Class 4, 5, or 6 felony: 5 years - Class 1 misdemeanor: 3 years - Other misdemeanors: 2 years - **Ineligibility:** Certain serious offenses are not eligible for sealing, including those involving deadly weapons, serious physical injury, sex trafficking, or specific felonies related to sexual exploitation of children or promoting prostitution. - **Process:** You file a petition with the court where the case was handled. The court reviews the petition and may hold a hearing. 3. **Expungement (Marijuana-Related Offenses Only - A.R.S. § 36-2862):** - **What it does:** This is the most comprehensive form of record clearing, primarily available _only_ for specific marijuana-related offenses in Arizona due to Proposition 207 (passed in 2020). An expungement _removes_ or _destroys_ the record, essentially treating it as if the arrest or conviction never occurred. - **Eligibility:** Limited to specific marijuana offenses, such as possession of limited amounts of marijuana, paraphernalia, or cultivation of a certain number of plants. - **Process:** You petition the court where the case was heard. 4. **Restoration of Civil Rights (A.R.S. § 13-907, et al.):** - **What it does:** A felony conviction can result in the loss of civil rights, such as the right to vote and the right to possess a firearm. This process restores those rights. - **Voting Rights:** Often automatically restored for first-time felony offenders upon discharge from sentence/probation. For multiple felonies, a separate application may be needed after a waiting period. - **Firearm Rights:** Generally requires a separate application and longer waiting periods, and may not be available for certain violent offenses. - **Process:** Application to the court in the county of conviction. **II. Where to Find Help and Resources** Navigating these legal processes can be complex. It's highly recommended to seek professional guidance. 1. **Legal Aid Organizations (Free/Low-Cost):** - **Community Legal Services (CLS):** Offers free civil legal aid to low-income Arizonans, including help with setting aside convictions, civil rights restoration, and sometimes sealing records. They have "Set Aside Clinics" and other re-entry services. - **Phone:** (602) 258-3434 (Phoenix) or (520) 623-9465 (Tucson) - **Website:** [https://clsaz.org/](https://clsaz.org/) (Look for "Criminal Record Relief" or "Reentry Services") - **Southern Arizona Legal Aid, Inc. (SALA):** Serves southern Arizona, offering similar civil legal assistance. - **Website:** [https://www.sazlegalaid.org/](https://www.sazlegalaid.org/) - **DNA-People's Legal Services:** Serves Native American communities and rural areas of Arizona, providing legal assistance. - **Website:** [https://dnalegalservices.org/](https://dnalegalservices.org/) - **Arizona Bar Foundation (AZLawHelp.org):** A central portal to find legal aid programs, self-help resources, and apply for assistance. They also have a "Modest Means Project" for low-cost attorney services. - **Phone:** 1-866-637-5341 (apply for legal aid over the phone) - **Website:** [https://www.azlawhelp.org/](https://www.google.com/search?q=https://www.azlawhelp.org/) 2. **Private Attorneys (Criminal Defense/Expungement Lawyers):** - Many private law firms specialize in criminal defense and post-conviction relief (set asides, sealing, expungements, civil rights restoration). While they charge fees, their expertise can significantly increase your chances of success. - **Arizona State Bar Association:** Offers a lawyer referral service if you need to find an attorney. - **Website:** [https://www.azbar.org/](https://www.azbar.org/) 3. **Court Self-Service Centers & Forms:** - The Arizona Judicial Branch and individual Superior Courts (e.g., Maricopa County Superior Court) provide forms and instructions for self-represented litigants to apply for setting aside convictions or sealing records. - **Arizona Judicial Branch (AZCourts.gov) Self-Service Center:** - **Website:** [https://www.azcourts.gov/selfservicecenter/criminal-law](https://www.google.com/search?q=https://www.azcourts.gov/selfservicecenter/criminal-law) (Look for "Sealing Criminal Case Records" and "Setting Aside a Conviction"). - **Maricopa County Superior Court Law Library Resource Center:** Offers workshops and resources on these processes. - **Website:** [https://superiorcourt.maricopa.gov/llrc/](https://superiorcourt.maricopa.gov/llrc/) 4. **Organizations for Re-entry and Support:** - These organizations don't provide direct legal services for record relief, but they help individuals with criminal records reintegrate into society, which is often a goal of record clearing. - **ACLU of Arizona - Formerly Incarcerated Program:** Provides resources and advocacy for voting and civil rights restoration, and general re-entry information. - **Website:** [https://www.acluaz.org/en/formerly-incarcerated](https://www.acluaz.org/en/formerly-incarcerated) - **Arizona Department of Public Safety (DPS) - Criminal History Records:** If you need to review your own criminal history or challenge its accuracy. - **Phone:** (602) 223-2222 (Criminal History Records Unit) - **Website:** [https://www.azdps.gov/criminal-history-records](https://www.azdps.gov/criminal-history-records) (Look for "Record Review Packet") - **2-1-1 Arizona:** A general information and referral service that can connect you to re-entry programs, housing assistance, job training, and other supportive services for individuals with criminal records. - **Phone:** 2-1-1 - **Website:** [https://www.211arizona.org/](https://www.211arizona.org/) - **Local Community Services and Non-profits:** Many local organizations, often faith-based or community-based, offer job placement assistance, housing support, and other re-entry services for former offenders. Search for "reentry programs [your city/county] Arizona." **Important Considerations:** - **Eligibility is Key:** Not all convictions are eligible for all forms of relief. Eligibility depends on the specific crime, the time elapsed, and completion of sentencing terms. - **Waiting Periods:** Most forms of relief (especially sealing) require specific waiting periods after you complete your sentence. - **Multiple Convictions:** If you have multiple convictions, it can complicate the process, and some may not be eligible. - **Federal Records:** Arizona laws only apply to Arizona state convictions. Federal convictions require a different process (e.g., federal pardons). - **Fingerprint Clearance Cards:** If you need a Fingerprint Clearance Card for employment (e.g., in schools, healthcare), having a criminal record can be a barrier. There are processes to apply for "good cause exceptions" or appeals. Contact the Arizona Department of Public Safety's Applicant Clearance Card Team at (602) 223-2279. It's highly recommended to consult with a legal professional to understand your specific eligibility and the best course of action for your unique situation. Here are resources in **Arizona** for individuals seeking help with criminal records, including expungement, record sealing, and general assistance related to criminal history: ### **1. Arizona Expungement and Record Sealing (Clean Slate)** - **Purpose**: In Arizona, criminal records may not be fully expunged, but certain convictions can be sealed, which limits public access to the information. - **Contact**: - **Arizona Legal Help**: [www.azlawhelp.org](https://www.azlawhelp.org) - **Phone**: (866) 637-5341 (Legal Assistance Hotline) - **Services**: - Arizona residents can get information on eligibility for sealing certain criminal records, as well as guidance on the legal process. Arizona's laws allow for sealing of specific criminal records, such as drug offenses and some felonies, after a waiting period and depending on the case. --- ### **2. Arizona Justice Project** - **Purpose**: Provides free legal assistance to individuals who have been wrongfully convicted or need help navigating their criminal history records. - **Contact**: - **Phone**: (602) 257-4434 - **Website**: [www.azjusticeproject.org](https://www.azjusticeproject.org) - **Services**: - Offers legal assistance to those seeking to clear their criminal record, particularly for those who may have been wrongfully convicted. The Arizona Justice Project works with individuals who have served their sentences and are seeking to regain employment opportunities and restore their rights. --- ### **3. Arizona Attorney General’s Office - Criminal Record Sealing** - **Purpose**: Provides guidance for individuals on how to request the sealing of eligible criminal records. - **Contact**: - **Phone**: (602) 542-5025 - **Website**: [www.azag.gov](https://www.azag.gov) - **Services**: - The Arizona Attorney General's Office offers information on eligibility for sealing a criminal record and provides links to forms and instructions for the sealing process. The website offers guidance on how individuals can petition the court to have their records sealed and what types of offenses are eligible. --- ### **4. Clean Slate Arizona (via Arizona State University)** - **Purpose**: A partnership with the state to help individuals clear their criminal record to improve employment prospects. - **Contact**: - **Phone**: (480) 965-0019 - **Website**: [https://cleanslatearizona.org](https://cleanslatearizona.org) - **Services**: - Clean Slate Arizona helps individuals apply to seal or set aside their criminal convictions. They provide services to those seeking employment opportunities by helping clear old criminal records that may be preventing them from obtaining jobs. --- ### **5. Legal Aid - Arizona (Community Legal Services)** - **Purpose**: Provides free legal services to low-income individuals, including those seeking help with sealing or expunging criminal records. - **Contact**: - **Phone**: (602) 258-3434 (Phoenix Area) or 1-800-852-9075 (Toll-Free) - **Website**: [www.clsaz.org](https://www.clsaz.org) - **Services**: - Community Legal Services offers free legal advice and representation for those seeking to seal or set aside criminal records, including assistance with the paperwork and petition process. --- ### **6. Arizona Coalition for Criminal Justice Reform (ACJCR)** - **Purpose**: Works to improve criminal justice policies, including providing support for people with criminal records seeking a fresh start. - **Contact**: - **Phone**: (602) 410-9356 - **Website**: [www.azcriminaljustice.org](https://www.azcriminaljustice.org) - **Services**: - Offers advocacy, information, and support on policies for sealing criminal records and other related issues. ACJCR works on reform initiatives that help individuals with criminal records reintegrate into society. --- ### **7. Arizona State Public Defender’s Office** - **Purpose**: Offers assistance for individuals seeking legal counsel, including issues related to criminal records. - **Contact**: - **Phone**: (602) 452-3400 - **Website**: [www.azdefender.org](https://www.azdefender.org) - **Services**: - The State Public Defender provides assistance for those seeking to appeal criminal convictions or resolve issues related to criminal records. They also offer advice on eligibility for sealing or expunging records. --- ### **8. National Expungement Week (Arizona Chapter)** - **Purpose**: A non-profit initiative that helps individuals clear criminal records through events and clinics. - **Contact**: - **Phone**: (888) 742-2267 - **Website**: [www.nationalexpungementweek.org](https://www.nationalexpungementweek.org) - **Services**: - National Expungement Week provides free clinics for individuals to learn how to expunge or seal their criminal records. These clinics often include legal professionals offering free consultations and helping with the process. --- ### **9. Arizona Department of Public Safety (DPS) - Criminal History Record Check** - **Purpose**: Provides individuals with their criminal history records in Arizona, a step often needed before sealing or expunging. - **Contact**: - **Phone**: (602) 223-2222 - **Website**: [www.azdps.gov](https://www.azdps.gov) - **Services**: - The Arizona Department of Public Safety allows individuals to obtain their criminal history records to review their criminal background before starting the process of sealing or expunging. This is a critical step in the process and is often required for most petitions. --- ### **10. Legal Information Resources – Arizona Court Self-Help Center** - **Purpose**: Offers resources and self-help tools for individuals seeking to navigate the criminal record sealing process. - **Contact**: - **Website**: [www.azcourts.gov](https://www.azcourts.gov) - **Services**: - Provides forms, instructions, and legal resources for individuals seeking to seal or set aside criminal convictions in Arizona. The site also offers guidelines for filling out and submitting petitions to the court. --- These resources offer support with criminal record sealing, expungement, and related legal processes in Arizona. If you are looking to clear or reduce the impact of your criminal record, start by checking eligibility and gathering the necessary information through these local and statewide organizations.