Under a new bill, you may qualify to have your criminal record sealed by the court. The bill, HB 2320, just passed by the Arizona House of Representatives and is awaiting action by the Senate.
Even when you have been convicted of a relatively minor offense, a conviction can haunt you for many years, including affecting your employment opportunities and more. Under HB 2320, those convicted of crimes would in many cases have the opportunity to have the records relating to the offense sealed by the court. The bill would also apply to those charged but not convicted of an offense as the result of a dismissal or not guilty verdict, as well as those who were arrested but against whom no charges were filed.
There are, however, a number of conditions on the ability to have your records sealed after a conviction. The new law, if passed in its present form, would require, in all cases where there was a conviction, the completion of all terms of the sentence, including payment of fines, restitution, etc. It also contains time limits that must be observed before a petition for sealing the record of a conviction may be entertained by the court. In the case of a class 1 misdemeanor, for example, the waiting period is 3 years. For a class 6 felony, the period is 5 years.
If the petition were granted, it would mean that you could legally answer “no” a question on an employment application inquiring whether you had a prior conviction.
While the bill has several benefits associated with the sealing of your criminal record, it does not erase a prior conviction for all purposes. That conviction can still be used in a variety of situations, including, among others, the following:
- Where a prior conviction is an element of a new offense.
- As a prior felony conviction for purposes of the charge or the sentence in a new case.
- To impeach your testimony at trial.
- As an element of sentence enhancement for a subsequent felony conviction.
- To affect the sentence in a DUI case.
The bill now goes to the Senate Judiciary Committee, which is expected to hold hearing on the proposed law. In the meantime, the bill is supported by those who believe that after serving your time and/or paying fines and restitution, you should be entitled to a second chance to move forward with your life without the stigma of an old conviction hanging over your head.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028