Dear Clients and Prospective Clients,
We write to notify you of a significant legal update that already has and will continue to profoundly
impact countless Arizonans, including many of you or your loved ones. The Arizona legislature passed
two landmark laws: A.R.S. §§ 36-2862 and 13-911, which together codify long-overdue provisions to
expunge certain criminal records and seal others (commonly referred to collectively as “record clearing”).
These statutes seek to improve Arizona’s justice system and eliminate the punitive nature of certain minor
criminal judgments or convictions.
Historically, Arizona lacked comprehensive measures for individuals seeking to clear their criminal
records after completing their sentence. Until recently, Arizona was the only state that had no adult record
clearing procedures for certain minor offenses. The only available option was the “set aside,” a process
that, while beneficial to some, did not remove the conviction from one’s record, falling short of providing
a clean slate for those who had paid their debt to society. However, with the enactment of the record
clearing statutes, Arizona now offers robust mechanisms to expunge and seal records, presenting new
opportunities for those seeking to move past their prior legal transgressions.
Expungement under A.R.S. § 36-2862:
Expungement is the process of completely removing a conviction from an individual’s record, as though
the offense never occurred. This law allows for the expungement of certain marijuana-related
convictions. Individuals convicted of possessing, consuming, or transporting marijuana under certain
thresholds can now have these convictions expunged, providing a true fresh start. The law applies to both
misdemeanor and felony convictions, provided the offenses meet the criteria specified within the statute.
Record Sealing under A.R.S. § 13-911:
Record sealing, unlike expungement, does not erase criminal records but restricts access to them, making
them invisible to the public and most employers. This statute enables individuals to petition for the
sealing of their criminal records, covering a broader spectrum of offenses beyond marijuana-related
charges. Eligible convictions include various non-violent misdemeanors and felonies, subject to a
waiting period that varies depending on the severity of the offense–typically ranging from 2 to 5 years
post-conviction or post-release from probation or prison. Additionally, charges that did not result in a
conviction, such as dismissed charges or acquittals, can also be sealed, provided they meet the stipulated
conditions. Notably, and under certain limited circumstances, an entity may request access to sealed
records of certain categories of crimes.
In addition to record clearing, individuals with felony convictions may also seek the restoration of their
civil rights, including the right to vote, serve on a jury, and run for public office.
At Farhang & Medcoff, we are well equipped to help you expunge or seal an eligible record. Our
experienced attorneys can help you determine whether your convictions or charges qualify and guide you
through the entire process. Please note that even if your records are successfully expunged or sealed,
private background check companies may still maintain such records in their databases, meaning that a
prospective employer or other entity can still access records that have been sealed or expunged. Our
commitment to our clients does not stop when your records have been cleared. We go the extra mile and
do everything in our power to ensure your records are fully removed from those databases.
We are pleased to offer comprehensive record clearing services cost effectively, including evaluating your
eligibility, preparing the necessary petitions, representing you through the entire process to ensure the best
possible outcome, and following up with private background check companies to make certain your
records are scrubbed from their databases.
Contact us today to schedule a consultation with our team and take the first step towards a brighter future
with a clean record.
