TUCSON, Arizona (KOLD News 13) – New laws in Arizona are helping people get their chances again after being incarcerated.
Depending on the circumstances, the law permits the sealing of case files related to crimes, whether or not someone committed them.
Brad Roach, senior legal counsel for the Pima County Attorney’s Office’s Conviction and Sentence Integrity Unit, said there are some limitations.
“Dangerous crimes, violent crimes, or sex crimes cannot be sealed,” Roach said.
Instead, the new law targets people who may have committed crimes years ago and have paid the price ever since.
“If you think about it, there are a lot of people who have made mistakes. They paid society a long time ago,” Roach said. “They have paid fines and dues and have remained good members of society, but they cannot afford to rent an apartment, they cannot pass a background check, and they cannot go to work because of their circumstances. did something with the pass, learned from it, and moved forward.”
Damond Holt, founder and CEO of Fresh Start International, says these obstacles are why he founded the organization in the first place.
“If you commit a felony in this country, it’s like being sentenced to life in prison,” he said. “While you’re starting your life over and trying to find a job, it will continue for the rest of your life. Getting a job is hard and that’s a big reason you have an income stream that you provide yourself. Without it, you’re out on the street.”
Holt said many former incarcerated people are out on the streets and they don’t know about this opportunity.
“I was really surprised that there wasn’t enough education and marketing about this opportunity,” says Holt.
That’s why the Pima County Public Defender’s Office is working with the Fresh Start Initiative to inform and educate as many Arizonans as possible.
“They’re going to have recurring meetings and public sessions where people can come without reservations and petition to ditch old beliefs,” Roach said.
“Our job at the Pima County Attorney’s Office is to scrutinize all these cases, and if this person is still unsafe, that’s because that’s a very important factor,” Roach said. “Public defenders work for everyone. Our job is to look into the crimes they have committed and see if they have done anything else now.” After that, if we believe they are dangerous, we will file a petition in court.”
There are many conditions for sealing records.
“Under Arizona law, you may petition the courts of the jurisdiction in which you were arrested, charged, or convicted to seal the records of your conviction, arrest, or indictment if certain conditions are met. Now you can,” said Megan Page, Pima County public defender. “These conditions include completion of the sentence imposed, full and complete payment of fines, fees, and restitution, and the passage of a certain period of time determined by the type of conviction, which shall not include: Not limited to sentences.”
But sealing the record can make a big difference, as the application doesn’t have to disclose that information.
“If a court seals these records, in some, but not all, circumstances, it removes the requirement that a person disclose a criminal conviction, indictment, or arrest in connection with an application for employment, loans, or housing. “There are many exceptions that require disclosure of a conviction, indictment, or arrest, so it’s important that anyone wishing to have their records sealed discusses their specific circumstances with an attorney.”
The Pima County Department of Defense will host a free walk-in legal clinic on Jan. 24, Feb. 28, and Mar. 28, 2023 from 9 a.m. to 1 p.m., Page said. The clinic will be held on his 10th floor at 33 N. Stone Avenue, Tucson, Arizona 85701.
Paige also said additional clinics may be held in the future, depending on demand.
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