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New Arizona law will allow sealing of criminal records

Prior laws only set aside criminal records, didn't expunge them
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Posted at 10:33 AM, Jan 04, 2023
and last updated 2023-01-04 12:33:23-05

TUCSON, Ariz. (KGUN) — A new law in Arizona is giving people a second chance.

Arizonans can now petition the court to have a criminal record sealed. Previous laws could only set aside a criminal record, not expunge them.

Thomas Cortese had to take steps towards a new future. He helps families in need and volunteers at churches in Tucson.

He also spent 28 years in the Arizona state prison system.

“1984 - I was addicted to cocaine, and I had lost drastic amounts of weight. I was very, very ill. And had terrible psychosis from just using alcohol and cocaine,” reveals Cortese. "I eventually had a gunfight with Tucson Police Department. I was shot."

Although the new criminal record sealing law can not apply to Cortese, he advocates for those who served time with him in prison.

“For somebody that for many years sat inside wondering when somebody outside was going to care," Cortese shared. "This was super cool."

Arizonans can petition the court to get a criminal record sealed if they have completed their court sentence and terms.

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Certain crimes like class one felonies, sexual offenses or serious violent offenses, like using a deadly weapon, cannot be sealed.

"If they go and apply for employment, for example, if it was a Walmart, Target or Raytheon, whatever, they will not be able to see that they have the background, also for housing," said Da’Mond Holt. He’s the founder and CEO of Fresh Start International - an organization working to reduce the rate at which convicted criminals will reoffend.

“Number one, this is going to impact recidivism" he explained. "And recidivism is a term that we use for a people that's been incarcerated, goes back to prison."

Even though this law doesn’t apply to Cortese, he said this legislation is a huge step in reducing recidivism so that other people have the chance at a new future.

“People are going to look at you differently. And as sad as that is, we live in a world where judgment comes pretty much first,” said Cortese.

For the full law text: 13-911. Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition.

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Faith Abercrombie is a reporter for KGUN 9. Before coming to KGUN, Faith worked as a videographer for the Phoenix Children's Hospital Foundation and as a reporter and producer on the youth suicide documentary, "Life is..." on Arizona PBS.
Share your story ideas with Faith by emailing faith.abercrombie@kgun9.com or by connecting on Facebook, or Twitter.