Arizona is known for its strict criminal laws and penalties. On April 1, 2021, however, Governor Doug Ducey signed House Bill (HB) 2067 into law, which eases the restrictions on obtaining occupational licenses for people with criminal histories. With the passing of HB 2067, people who have been convicted of certain criminal offenses in Arizona have the opportunity to seek a Certificate of Second Chance – opening the door to greater occupational licensing, employment and housing opportunities.
What Is Arizona House Bill 2067?
House Bill 2067 amends Arizona Revised Statutes Section 13-905, which is the law that allows people
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Who Is Eligible for Expungement?
The expungement of an arrest or conviction record means that the courts seal or erase a person’s criminal record, blocking it from view by employers, landlords and others. Unlike most states, however, Arizona does not allow for record expungement. Instead, eligible parties can apply to have their convictions set aside. Find out if you are eligible for having your conviction set aside with assistance from an attorney.
What Is the Difference Between Expungement and Setting a Conviction Aside?
With record expungement, the courts seal or erase the record, making it as though it never existed. To most people and agencies,
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How to Find Criminal Records in Arizona
Being convicted of a crime in Arizona will create a permanent criminal record. The more you know about criminal records, including how to look them up and who has access to them, the better you will understand your own situation if you have been convicted of a misdemeanor or felony in Arizona. Knowledge about criminal record searches can allow you to be more proactive in understanding, correcting and setting aside your criminal record.
How to Obtain a Criminal Record Report in Arizona
A criminal record may be stored in multiple locations by several different agencies, including law enforcement offices, state
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Expunging a criminal record in Arizona
Expunging a criminal record gives someone who has been convicted of a crime a fresh start. Record expungement means to seal the record – erasing it to most of the public. In Arizona, however, it is not possible to expunge an arrest, charge or conviction. Instead, under certain circumstances, Arizona law allows an ex-offender to set aside a conviction. Setting aside a conviction is the closest thing to expungement that is available under Arizona law.
What Is Setting Aside a Conviction in Arizona?
Arizona Revised Statute Section 13-905 states that with some exceptions, someone convicted of a criminal offense can
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Can You Be Deported for a Drug Crime?
If you are a documented or undocumented immigrant living in the United States, being convicted of a drug crime could lead to your deportation, or removal from the country. Most drug crimes are grounds for deportation, even if you have a visa or green card. You should consult with a drug crime defense lawyer in Phoenix as soon as you can after being accused of or arrested for a drug crime in Arizona as an immigrant.
Deportation and Drug Crime Charges
You can be deported for committing a crime even if you are a lawful permanent resident or you hold
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What Is a Controlled Substance?
A controlled substance is an illegal drug that is regulated by the federal and state governments. A controlled substance means that the government has chosen to regulate the drug on a legal level due to its potential to harm a person’s health and welfare. If you are caught using or in possession of a controlled substance in Arizona, you could face criminal charges and consequences such as fines and jail time. For more information about controlled substances and related criminal charges, contact a criminal defense lawyer in Phoenix from AZ Defenders.
Federal Laws for Controlled Substances
A controlled substance is
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Drug Possession Laws in Arizona
Arizona is clear in its anti-drug laws: the possession or use of any illicit substance is illegal and can result in criminal charges for felony drug possession. Depending on the type of drug in your possession, the amount involved, your intent for possessing the drug and your criminal history, the penalties for drug possession in Arizona can be severe. It is important to consult with a criminal defense lawyer in Phoenix as soon as possible if you are facing charges for drug possession.
Types of Drug Possession Charges
The crime of drug possession means that you exercised control over an
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Is it Illegal to Sell Fake Drugs?
There are state and federal laws that ban the selling of narcotics, including fake drugs and synthetic drugs. Although you may think that it is innocent enough to sell something that is not an illegal drug, selling fake drugs on the premise that they are illegal drugs is a crime in itself. Learn more about the laws relating to fake drug sales, the possible penalties in Arizona and when to seek assistance from a criminal defense lawyer.
Possible Penalties for Selling Fake Drugs in Arizona
In Arizona, selling fake drugs is illegal. If you are caught by law enforcement while
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Do You Have to Testify Against Your Spouse?
In law, the term privilege means protection from having to testify. Attorney-client privilege, for example, protects an attorney from being called to testify against his or her own client during a criminal case. Another type of privilege, known as spousal or marital privilege, protects one spouse in a relationship from having to testify against the other. There are exceptions to the rule, however, as spousal privilege is not absolute.
What Is Spousal Privilege?
A privilege is an exception to the general rule that anyone asked to do so must give testimony in a legal proceeding. Although typically someone asked to
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When Does Discipline Become Abuse?
Many examples of child abuse are obvious, such as sexual abuse. The line between discipline and child abuse, however, can sometimes be blurry – especially as what is child abuse in one state may not be considered this crime in another state. The language of the law is confusing and often only fully understood by a legal professional. If you have been accused of abusing a child in Arizona, contact a criminal defense attorney without delay.
What Is Arizona’s Definition of Child Abuse?
Arizona Revised Statutes Section 13-3623 holds the state’s official definition of the crime of child or vulnerable
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Does a Victim of Domestic Violence Have to Testify?
It is relatively common for those who accuse others of domestic violence to recant their allegations later, when they have reconciled with the alleged perpetrator or realized the gravity of the accusation. What many people do not realize is that once an accusation of domestic violence has gone to the police, it will not matter if the victim recants or does not wish to press charges; the county can proceed with a domestic violence charge regardless. However, if the victim refuses to testify, this can make for a much weaker case against the defendant.
What If the Victim Refuses to
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How to Deal With False Domestic Violence Charges
Domestic violence is a serious crime. Even being accused of domestic violence can ruin your reputation, make you lose your job and lead to other negative consequences. If you’re charged with this crime and arrested, you could be facing fines, potential jail time and a permanent criminal record. There are many reasons why someone might falsely accuse you of domestic violence. If you are in this situation, learn how to protect yourself.
Start Documenting
If you are in a relationship where you believe that your spouse is capable of lying, being vindictive or lashing out, or if your spouse is
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Teen Sexting Laws in Arizona
Sending images of a sexually explicit nature is relatively common among teenagers today. Sexting or sending nudes occur often in teenage relationships and hookups. What most teens and parents fail to realize, however, is that teen sexting is against the law in Arizona. It is referred to as the unlawful use of a cell phone by a minor, and can result in criminal charges and serious related penalties. Teen sexting may be a petty offense or class 2 or class 3 misdemeanor, depending on the circumstances.
What Is Teen Sexting?
Sexting means to send sexually explicit images to another person
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Arizona Child Pornography Laws
Child pornography is a crime that is taken extremely seriously in Arizona. A criminal conviction for child pornography offenses can lead to years in prison, hefty fines and mandatory registration on Arizona’s sex offender list. If you have been accused of child pornography or any type of sex crime involving a minor, contact a Phoenix child pornography lawyer right away. An attorney can help you understand and properly navigate Arizona’s related criminal laws.
What Is Child Pornography?
Arizona state law calls child pornography the sexual exploitation of a minor. In Arizona, a minor is any child under the age of
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Expungement of Certain Marijuana Convictions
In 2020, Voters passed Proposition 207 – a sweeping marijuana reform that provides better protections for individuals who use marijuana. Prop 207 also legalized adult-use recreational marijuana. Perhaps most importantly, Prop 207 created a method of expungement for certain marijuana convictions.
Difference Between Expungement vs. Set Aside in Arizona
Prop 207 and A.R.S. § 36-2862 create the only expungement mechanism allowed under Arizona law. Before Prop 207, individuals convicted of a crime were only eligible to “set aside” the conviction. Setting aside a conviction simply removes any impairment or disability caused by the conviction. It also will state on an
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Misdemeanor Compromises in Arizona
Many people are aware of the differences between civil and criminal law. If you enter into a contract with someone and they don’t hold up their end of the bargain, you can’t call the police and have them arrested. You must sue them, civilly, for the damages you’ve sustained.
Yet, as our legal system grows more and more complex, many areas of the law that were wholly within the civil realm have since become criminal. For example, the civil torts of assault and battery have been almost entirely swallowed up by criminal law.
Yet, Arizona law is relatively unique. Our
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