Sealing a Criminal Record
Introduction to Sealing Your Record
The Arizona residents with criminal records have long faced challenges when it comes to finding employment, housing, and other opportunities. However, a recent change in Arizona law, ARS §13-911, allows individuals to have their criminal records sealed under certain conditions.
This recent change in Arizona laws means that your criminal history would no longer be visible on background checks, making it easier for them to find employment and housing.
Additionally, it also means that the record of the crime may not be visible to employers, landlords, or other members of the public. Effectively sealing a criminal record can help to remove one of the barriers to social integration and economic opportunity that many Arizona residents face.
HOW A.R.S. §13-911 WORKS:
To be eligible for record sealing, individuals must have completed their sentences, including any probation or community supervision, and must have no pending criminal charges. They must also have no more than two felony convictions and no more than four misdemeanor convictions on their record. Additionally, they must have completed a waiting period of either two or five years, depending on the severity of the offense.
Expectations & Outcomes
While sealing criminal records can provide a fresh start for individuals who have made mistakes in the past, there are some exceptions to the rule. Specifically, even if a record has been sealed, it may still be accessible to certain government agencies, such as law enforcement and licensing boards.
In addition, sealed records may still be considered in certain legal proceedings, such as sentencing for subsequent offenses. It is also important to note that sealing a criminal record does not restore any rights that were lost as a result of the conviction, such as the right to possess firearms.
Restoring rights may be accomplished through a different procedure called “setting aside” judgement.
How This Law Benefits the Arizona Community
For those in Arizona with criminal records who have faced obstacles in finding employment or housing, this new law provides a much-needed opportunity for a fresh start.
Employment & Record Sealing
Research shows that having a criminal record can significantly impact an individual's ability to find employment. A study by the National Institute of Justice found that individuals with criminal records face significant discrimination in the hiring process, with employers often unwilling to consider applicants with criminal records.
In fact, a recent study by the Society for Human Resource Management found that 94% of employers conduct criminal background checks on some or all job candidates. Of those, nearly two-thirds said they would be less likely to hire someone with a criminal record. With a sealed criminal record, people can have a better chance of finding work and supporting themselves and their families.
How a Criminal Record Can Affect Loans & Mortgages
Sealing a criminal record can have a significant impact on an individual's ability to secure housing and loans, which are essential for building a stable and secure life. A criminal record can make it difficult for an individual to pass a background check, which is often required by landlords, property managers, and financial institutions when considering an application for housing or a loan. This can result in denied applications or higher interest rates, which can further exacerbate financial instability and limit access to affordable housing and credit.
Sealing a criminal record under ARS 13-911 can help to address these barriers by allowing individuals to apply for housing and loans with a clean record. Landlords and financial institutions are prohibited from discriminating against individuals on the basis of a sealed conviction, which can provide a level of protection and security for individuals seeking to rebuild their lives.
However, it is important to note that while sealing a criminal record can help to address some of the barriers to housing and loans, it may not necessarily guarantee approval. Financial institutions and landlords may still consider other factors, such as credit history, income, and rental history when making a decision on an application. Therefore, it is important for individuals with a criminal record to work with an experienced attorney to explore all available options and develop a strategy for building a stable and secure life.
Speak to an Attorney Today About Sealing Your Record
In conclusion, ARS 13-911 is a significant step forward for those with criminal records in Arizona. This law has the potential to help many individuals access employment, education and housing, reduce crime, and save taxpayers money. By working together, we can ensure that all individuals, regardless of their ethnicity or national origin, have the opportunity to move on from past mistakes and build a better future for themselves and their families.
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An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort