New Arizona Law Set to Help Seal Criminal Records
Sponsored by: Grand Canyon Law Group
Some people with criminal backgrounds in Arizona may be able to get their records covered. The new state law, which takes effect on January 1st, will expand these individuals’ opportunities. Arizona’s new law is the third time the state has provided second chances for people with criminal records.
Back in 2020, Arizona voters approved the Smart and Safe Arizona Act. The act, Proposition 207, legalized the use of recreational marijuana. It also allowed minor marijuana offenses to be erased from an individual’s records.
In 2021, the Legislature passed a similar law called Set Aside. Set Aside allowed Arizonans to put aside their criminal records. This does not imply total expungement; instead, it shows fines have been paid and no pending charges.
The new law, S.B. 1294, now allows people to seal their criminal records from public view. These three legal processes in Arizona are referred to as “record clearing.”
Conditions For the New Law
The law grants people in Arizona to petition the court to seal their criminal records. But applicants must have completed all terms of their sentence first. Then, after a verdict is completed, a waiting period will follow.
Not all criminal records will be covered, however. For example, class one felonies and records that include sexual offenses and violent crimes. In addition, one cannot be eligible if found to have committed a serious offense, including the use or exhibition of a deadly weapon.
There are no limitations on how many convictions an applicant might have had. Applicants can also request for their records to be sealed multiple times.
After being granted eligibility for the record sealing relief, applicants must meet the required meeting period. For example, for a Class two or Class three felony, applicants would wait an additional period of ten years. They would wait five years for a Class four, Class five, or Class six felony.
An applicant would wait an additional three years for a Class one misdemeanor. For a Class two or Class three misdemeanor, an applicant would wait for only two years. The waiting period will be restarted if an applicant commits to another period.
Possible Obstacles to be Tackled
While many experts support record-clearing legislation, it would not be simple to measure the results of the law. “The full effects of this new legislation are still unknown and its implications are definitely a learning curve for many,” states David Lish of Grand Canyon Law Group. In addition, hiding details from the public will make it difficult for researchers to analyze how record-clearing affects a person’s life.
A 2020 research successfully analyzed criminal and wage data of deleted records in Michigan against records that were not expunged. The results showed that people who obtained expungement have lower subsequent crime rates. They also had better job opportunities and earned higher than those without expunged records.
Another issue is the availability of resources for the relevant departments. For example, the Arizona Department of Public Safety has the authority to charge fees for the record-sealing process. Although the prices and processes are yet to be revealed, the cost will likely be high. For example, in Nevada, record-sealing fees are estimated to be thousands of dollars.
Private data companies might also cause a problem moving forward. These companies usually keep personal records, which can hinder a person from being truly free. Also, many websites collect people’s data. So the data may still be available on these people-search websites even after the records have been sealed.
Conclusion
The new law, despite the contemplated setbacks, is a thoughtful development. People with criminal records would be given a chance to begin a new life and re-enter society.
