State Law Summary

Arizona

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Rev. Stat. § 13-4051 (2019) | Section 8-349 (2019) | 13-501 (2019) | Section 13-905 | Title 28, Ch. 4 (2019) | 

Secondary Sources: Arizona CCRC Profile (7/4/2020)/ Section 13-3821 (2019) | 2017 Findlaw Legal Guide

Summary of the Law

CONVICTIONS:

  1. Misdemeanors: Set-asides for misdemeanors if court determines enumerated factors satisfied, upon sentence completion with no waiting-period. Section 13-905(A);(C).
  2. Felonies: Set-asides for felonies if court determines enumerated factors satisfied, upon sentence completion with no waiting-period. Section 13-905(A);(C).
  3. Not Eligible: Ineligble for offenses listed under Section 13-905(K): Sex Registration offenses (Section 13-3821(A)(1)-(22), a “dangerous offense” (section 13-105(d)(13)), felonies with victims under 15 years of age (Section 13-905(K)(4)), offenses with a “sexual motivation” (Section 13-118), driving on a suspended/revoked license (Section 28-3473).
  4. Lifetime or Other Limits: None found/applicable
  5. LFO Payment Required for Sentence Completion: No express requirement, fulfillment of conditions of probation/sentence required for eligibility, so LFO-payment only required if stated as condition. Section 13-905(A).
  6. Other Unmodeled Criteria or Details:
    1. Destruction of records for Juvenile Misdemeanors. Section 8-349.

NON-CONVICTIONS:

  1. Sealing for any misdemeanor or felony arrest for which the person was wrongfully arrested, indicted, or charged, after a finding by the court that “justice will be served”, with no express waiting-period. Rev. Stat. § 13-4051(A).

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