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Phoenix Expungement Attorney

Phoenix Expungement AttorneyNavigating the legal system to clear your criminal record can be overwhelming, but an attorney in Phoenix, AZ, can help you understand the process and make it easier for you.  A criminal defense lawyer has extensive knowledge of expungement laws and experience.

They can guide you through the steps and provide valuable advice to ensure that your record is cleared successfully. If you are a defendant who needs help with an expungement in Phoenix, Arizona, don’t hesitate to contact Orent Law Offices today at (480) 656-7301 to schedule a free consultation with a Phoenix expungement lawyer.

How Orent Law Offices Can Help With Expungement

How Orent Law Offices Can Help With Expungement

If you’re looking into an expungement of your criminal record in Phoenix, AZ, working with a criminal defense lawyer is an important step to take. Here’s how we can help with this process:

  • Our team is well-versed in Arizona’s expungement laws and regulations, ensuring that we provide accurate legal advice.
  • We conduct a thorough evaluation of your case to identify the best strategies for achieving a successful expungement.
  • We handle all necessary paperwork and court filings, streamlining the process for our clients.

If you need help with an expungement in Phoenix, Arizona, let us help you. Contact Orent Law Offices today to schedule a free consultation with a Phoenix criminal defense attorney.

Overview of Expungement in Phoenix

Expungement is the legal process of removing a criminal record from public view as if the crime did not occur. It provides individuals with an opportunity to erase or seal their criminal records, effectively making them inaccessible to the general public, including potential employers and landlords.

Eligibility for Expungement in Phoenix, Arizona

Under Arizona Revised Statutes § 36-2862, defendants can have certain marijuana-related offenses expunged. It covers the handling, use, or movement of up to 2.5 ounces of marijuana (with less than 12.5 grams in concentrated form), the personal cultivation or processing of up to six marijuana plants, and the ownership or utilization of equipment associated with marijuana growing and usage.

Additionally, Senate Bill 1294 introduced ARS § 13-911, which enables individuals to petition for the sealing of other criminal records. To qualify for record sealing under ARS § 13-911, individuals must meet specific conditions. This includes the following:

  • Convictions once all sentencing requirements are completed
  • Dismissed charges
  • Acquittals
  • Arrests not leading to charges

Successfully sealing a record means it will not appear in background checks, allowing individuals not to disclose past arrests or convictions on job or housing applications.

Arizona Expungement Waiting Periods

The waiting period required before a petition to have records sealed in Arizona is contingent on the severity of the offense. According to ARS § 13-911(E), individuals with Class 2 or 3 felonies must wait ten years.

Those with Class 4, 5, or 6 felonies need to wait five years, while the period shortens to 3 years for Class 1 misdemeanors and two years for lower-grade misdemeanors.

If an individual has a previous felony conviction, an additional five years is added to the waiting period for each conviction.

Offenses That Cannot Be Expunged

Despite the introduction of Arizona’s new expungement laws, certain serious offenses remain ineligible for sealing or expungement. These include Class 1 felonies, dangerous violent crimes, certain sexual offenses, crimes involving the use or threat of a deadly weapon, and those resulting in serious bodily harm. Offenses related to the sale of marijuana also cannot be expunged.

How to File For Expungement in Phoenix, AZ

Filing for expungement in Phoenix involves a series of steps to ensure the court properly considers your petition. Here’s what you generally need to do:

  • Determine the appropriate court: Begin by identifying the court where the original conviction, charge, dismissal, or not guilty verdict occurred. This is the court where you need to file your expungement petition.
  • Prepare your petition: Construct your petition carefully to ensure it aligns with the legal requirements. You must detail why expunging your record is warranted.
  • Filing the petition: With a completed petition, proceed to file it at the designated court. If your petition fails to meet statutory criteria, the court will dismiss it outright without a hearing.
  • Court review and decision: If the court deems that granting the expungement serves your best interests without jeopardizing public safety, it may approve your petition.

Given the complexity of the expungement process, it is highly advisable to work with a qualified lawyer to ensure all legal requirements are met.

Schedule a Free Case Evaluation With Our Phoenix Expungement Attorney

Expungement offers a valuable opportunity for individuals in Arizona to clear their criminal records and move forward with their lives. The process can be complex and requires adherence to specific legal guidelines, but it can significantly impact a person’s ability to gain employment, housing, and move forward with their life.

By understanding the criteria and protocols involve, and with the assistance of a knowledgeable attorney, defendants can successfully navigate the expungement process. If you need help, contact Orent Law Offices to schedule a free consultation with a Phoenix expungement attorney.

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