Flagstaff Record Sealing Attorney

Helping Clients Move Forward Under Arizona ARS 13-911

A past mistake shouldn't dictate your future. Whether you are applying for a new job, seeking housing, or trying to obtain a professional license, a criminal record can feel like a permanent weight. At The Zickerman Law Office, PLLC, we specialize in helping individuals lift that weight through Arizona’s record sealing and "set-aside" statutes.

While many people use the term "expungement," Arizona law handles post-conviction relief differently than many other states. Understanding these nuances is the first step toward reclaiming your reputation. We leverage our deep understanding of Northern Arizona’s court systems—from Coconino County Superior Court to the various justice courts—to help you navigate these complex legal hurdles.

Ready to clear your record and move forward with your life? Call The Zickerman Law Office, PLLC today at (928) 323-0910 to schedule your initial consultation.

Understanding Your Options: Record Sealing vs. Set-Asides

In Arizona, "expungement" is a limited remedy, primarily reserved for specific marijuana-related offenses following the passage of Proposition 207. 

For the vast majority of other criminal records, relief comes in two primary forms under the Arizona Revised Statutes:

• Record Sealing (A.R.S. § 13-911): This is the newest and most robust tool in our arsenal. Since January 2023, eligible individuals can petition the court to have their arrest, charge, and conviction records sealed from public view. Once granted, the record is hidden from most background checks. Crucially, the law allows you to legally state on most applications that you were never arrested or convicted for that offense.
• Set-Aside (A.R.S. § 13-905): A set-aside does not "hide" the record, but it "vacates" the judgment of guilt and dismisses the charges. On a background check, the conviction will still appear, but it will be marked as "Dismissed" or "Set Aside." This serves as a powerful indicator to employers and landlords that you have successfully completed all court requirements and have been formally rehabilitated by the judicial system.

Who Is Eligible to Have Their Record Sealed?

Not everyone qualifies for record sealing in Arizona. Eligibility depends on several factors, including the nature of the offense, whether all conditions of sentencing were completed, and the amount of time that has passed. 

You may be eligible if:

• You have completed all terms of your sentence, including probation, fines, and restitution
• The required waiting period has passed (which varies based on the class of offense)
• Your offense is not among those specifically excluded from sealing under Arizona law

Certain offenses, including dangerous crimes against children, sexual offenses requiring registration, and offenses involving serious physical injury, are not eligible for sealing. The Zickerman Law Office, PLLC can review your record and advise you on whether your specific conviction qualifies.

The "Prosecutor’s Edge" in Your Petition

Filing a petition for record sealing or a set-aside is not a mere formality or a matter of "checking a box." It is a formal legal argument presented to a judge. The court considers several factors, including the nature and circumstances of the original offense, your compliance with sentencing, your prior and subsequent criminal history, and whether granting the petition is in the interest of public safety.

As a former prosecutor, our lead attorney at The Zickerman Law Office, PLLC understands exactly how the state evaluates these petitions. We don't just file paperwork; we build a case for your second chance. We know what prosecutors look for when they decide whether to object to a petition, and we anticipate those arguments by presenting a compelling narrative of your rehabilitation and contributions to the community. This "insider" perspective is vital when moving to clear a record in a conservative legal climate.

An Attorney You Can Trust for the Set-Aside and Sealing Process

Pursuing a set-aside and sealing of your record in Arizona involves filing a petition with the court that handled your original case. The court will review the petition and consider several factors, including the nature of the conviction, your conduct since sentencing, and any objections from the prosecutor or victim. The process has real stakes, and how your petition is prepared and presented can make all the difference in the outcome.

At The Zickerman Law Office, PLLC, our Flagstaff record sealing attorney brings over 20 years of experience and the unique perspective of a former prosecutor to every case. We know how the system works because we have worked inside it. From evaluating your eligibility to filing your petition and standing beside you in court, we are committed to giving you the strongest possible chance at a fresh start. Do not leave something this important to chance. Reach out to our team today and let us get to work for you.

Ready to clear your record? Contact The Zickerman Law Office, PLLC online or at (928) 323-0910 to find out if you qualify for record sealing under Arizona law.

Frequently Asked Questions 

If my record is sealed, can anyone still see it? 

While sealing hides the record from the general public, landlords, and most private employers, it remains accessible to law enforcement, the courts, and certain state agencies. This includes agencies responsible for fingerprint clearance cards or high-security clearances for sensitive positions.

How long do I have to wait to seal my record? 

Waiting periods begin only after you have completed all terms of your sentence, including probation, parole, and the full payment of all fines and restitution. Generally, it is 2 years for Class 2 or 3 misdemeanors, 3 years for Class 1 misdemeanors, and 5 to 10 years for various felony classes.

Does a set-aside restore my firearm rights? 

Not automatically. While a set-aside is a vital step in showing rehabilitation, the restoration of civil rights—including the right to possess a firearm—often requires a separate, specific application. We can assist you with restoring your civil rights alongside your set-aside petition.

Can I seal a record if the charges were dismissed? 

Yes. A.R.S. § 13-911 allows for the sealing of records even if you were never convicted. This includes cases where charges were dismissed, you were found not guilty at trial, or the arrest never resulted in formal charges.

What crimes are ineligible for sealing? 

Certain serious offenses are excluded from the sealing statute. This includes violent crimes, many sex offenses, crimes involving the use of a deadly weapon, or offenses involving the infliction of serious physical injury. Our team can review your specific case history to determine your eligibility.