Let’s face it, A criminal conviction could have a greater impact on your personal life beyond jail time and high fines. Convictions result in criminal records that can be accessed by the public. This could make acquiring housing, professional licenses, future employment opportunities and education more challenging.
For a select few set of criminal violations, there could be a solution, by applying for partial expungement or byway of a set-aside. A Chandler expungement lawyer could review your situation and determine if you qualify to have your criminal record sealed or edited. If so, an experienced attorney could walk you through the process and ensure your rights are protected every step of the way.
Who Qualifies for Expungement in Chandler?
Arizona Revised Statute 13-905 notes that only particular parties qualify for record expungement or set-aside. These individuals must have completed their sentence and engaged in some manner of behavior not disqualified by the aforementioned statute. Further, a judge must consider:
- The nature of the original conviction
- The acting party’s behavior in terms of their probation and other consequences
- Prior convictions
- The time separating the acting party from their sentence
- The party’s age
Upon considering these factors, a judge can choose to move forward with a person’s expungement or to set it aside. A Chandler attorney could help you determine your chances of having your criminal court case record updated.
There are certain convictions that the state of Arizona does not see fit to remove from a person’s record, even if they otherwise would qualify for record expungement. These include driving on a suspended license, convictions involving a deadly weapon, and behaviors that resulted in the physical injury of another person. Similarly, the state will not expunge the records of a party who registers with the sex offender registry or who engaged with an individual under the age of 15.
Comprehensive Versus Partial
Arizona does not offer its residents access to comprehensive expungements. Rather, parties convicted in the state retain records of their convictions even after going through the expungement process. That said, parties who do participate in the record sealing process will have a note made on their record that their prior conviction has been set aside. If the court grants a set-aside, the original conviction does not go away. Instead, the court makes a notation near the conviction advising that the court’s eyes, the defendant completed all court, plea and conviction related requirements and no further consequences should come to them. In theory, Employers, in turn, and any other parties must acknowledge the status of such a conviction when undergoing the hiring process or a similar endeavor.
Benefits of Sealing a Criminal Record
Having your criminal record sealed returns some of your rights and makes it easier for you to move on with your life with the case behind you. Even with the aid of a partial expungement, you could retain custody of a child, explore additional housing opportunities, and find higher-paying work.
That said, there are some limits to the reach of an expungement. As mentioned, the state of Arizona does not allow expungements for parties convicted of certain crimes. Similarly, the state will not remove a person’s entire criminal record from existence, nor will it destroy court files. An accomplished expungement lawyer in Chandler could further explain the benefits of sealing your record.
Get in Touch with a Chandler Expungement Attorney
A lasting criminal record can have a substantial impact on the rest of your life by making it more difficult for you to get a job, adopt a child, and even make certain purchases. Fortunately, there are some avenues that may allow you to fight for record expungement.
A Chandler expungement lawyer could help you present your request for sealing your record to the court and represent you in ongoing legal conversations. Call our firm today to get started.