Tag: SB 1294

Arizona’s New Record Sealing Law Takes Effect Soon January 4, 2023 A new expansion to Arizona's criminal record sealing law took effect on January 1, 2023. It will expand opportunities for many individuals to clear their records. This new state law marks the third time the state has expanded its options for individuals to seal or expunge their criminal records since 2020. First approved in 2020 under the Smart and Safe Arizona Act, this record sealing law legalized recreational marijuana and provided the opportunity to erase minor marijuana offenses. In 2021, the state took additional action by passing the "Set Aside" law. This law does not permit the sealing or expungement of an offense. Instead, it releases the individual from the associated penalties and effects. This new legislation, S.B. 1294, will allow individuals to seal their criminal records, removing them from public access. Though these processes fall under the category of "record clearing," they have significant differences to understand. Under S.B. 1294, individuals may petition the court to seal arrest records, convictions, and sentencing records. First, applicants must complete the terms of their sentence, including paying any fines, fees, or restitution required by the court. After this step, they must complete a waiting period before demonstrating that they have made positive changes, upon which the court can seal their records. These waiting periods vary based on the severity of the offense. In the event of multiple convictions, an individual must complete the waiting period for all offenses before petitioning the court. These waiting periods are: Ten years for a Class 2 or 3 felonies; Five years for a Class 4, 5, or 6 felonies; Three years for a Class 1 misdemeanor; and Two years for a Class 2 or 3 misdemeanors. The legislation details specific records that cannot qualify for sealing. It includes class one felonies and serious offenses that involved or presented a deadly weapon. In addition, all sexual or violent crimes do not qualify for sealing. Unlike many record-sealing laws passed in other states, this law does not limit the number of sealable convictions. Applicants may also petition the courts for record sealing on multiple occasions. This new law took effect on January 1, 2023. This effective date means employers should review their processes and policies to ensure they comply with the changes. As such, they should work with a reliable background check provider. The right provider will maintain accuracy and compliance with local, state, and federal requirements. Pre-employ makes background checks easy and reliable. Speak with a sales representative today. Source

Tag: SB 1294

Arizona’s New Record Sealing Law Takes Effect Soon

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