In Arizona, not all criminal offenses are eligible to have their records set aside, a process often colloquially referred to as expungement or sealing. Certain serious crimes are specifically excluded from this process, meaning their records will remain accessible to the public.
Generally, the crimes that cannot be expunged (or sealed) in Arizona include:
- Class 1 felonies
- Serious violent offenses
- Certain sexual offenses
- Offenses involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument
- The offense of knowingly inflicting serious bodily injury on another person
Understanding Ineligible Offenses for Expungement in Arizona
While Arizona's laws allow many criminal convictions to be set aside, improving an individual's opportunities for housing and employment, there are clear boundaries regarding the severity of crimes that remain on public record. These exclusions are designed to protect public safety and maintain accountability for the most serious infractions.
Specific Categories of Non-Expungeable Crimes
Here's a detailed look at the types of offenses that generally cannot be expunged in Arizona:
- Class 1 Felonies: These are the most severe crimes in Arizona, carrying the harshest penalties, often including life imprisonment or the death penalty. Examples typically include first-degree murder. Given their extreme nature, these convictions are almost universally excluded from any form of record sealing or setting aside.
- Serious Violent Offenses: This category encompasses crimes that involve significant harm or the threat of severe harm to another person. While the specific definition can vary, it generally includes crimes like aggravated assault, kidnapping, or certain types of robbery where violence is a key component.
- Certain Sexual Offenses: Arizona law maintains strict regulations regarding sexual offenses, particularly those involving minors or a high degree of violence. Many sexual offenses are deemed too severe to be set aside, ensuring that public records reflect convictions for such crimes. This often includes offenses requiring registration as a sex offender.
- Offenses Involving Deadly Weapons or Dangerous Instruments: Crimes where an individual discharges, uses, or even threatens to use a deadly weapon (like a firearm) or a dangerous instrument (an object that can cause serious injury or death) are typically not eligible for expungement. This underscores the state's stance on gun violence and the use of weapons in criminal acts.
- Knowingly Inflicting Serious Bodily Injury: If a crime involves intentionally causing severe physical harm to another person, it is generally not eligible for expungement. This focuses on the intent and outcome of the violent act, distinguishing it from less severe forms of assault.
Summary of Ineligible Crimes
To provide a clearer overview, the table below summarizes the types of crimes generally excluded from expungement in Arizona:
| Category of Offense | Description |
|---|---|
| Class 1 Felonies | The most severe criminal offenses under Arizona law, carrying the highest penalties. |
| Serious Violent Offenses | Crimes characterized by significant actual or threatened violence against another person. |
| Certain Sexual Offenses | Specific sexual crimes, particularly those involving minors or severe circumstances, are not eligible for record sealing. |
| Offenses Involving Deadly Weapons | Crimes where a deadly weapon or dangerous instrument was discharged, used, or its exhibition was threatened. |
| Knowingly Inflicting Serious Bodily Injury | Crimes where the perpetrator intentionally caused severe physical harm to another individual. |
Understanding these exclusions is crucial for anyone seeking to clear their criminal record in Arizona. While many misdemeanor and less serious felony convictions can be set aside, the state maintains a firm stance on ensuring the most severe and violent crimes remain on public record.
