Arizona post-conviction appeals attorney Derek Oliverson helps clients challenge wrongful convictions, seek sentence modifications, and pursue record sealing across all 15 Arizona counties. If you believe your conviction was unjust or your rights were violated, call (480) 582-3637 for a case evaluation.
Arizona law provides several paths to challenge a conviction or reduce a sentence after the trial has ended. The right approach depends on the specific circumstances of your case, the type of conviction, and how much time has passed since sentencing.
Rule 32 of the Arizona Rules of Criminal Procedure is the primary post-conviction relief mechanism in Arizona. It allows convicted individuals to challenge their conviction or sentence based on constitutional violations, newly discovered evidence, ineffective assistance of counsel, or changes in the law. Rule 32 petitions are filed in the original trial court and can lead to a new trial, reduced sentence, or outright dismissal.
A direct appeal challenges legal errors that occurred during the trial or sentencing. Unlike Rule 32 petitions, direct appeals go to the Arizona Court of Appeals (or Supreme Court for death penalty cases). They must be filed within 20 days of sentencing. Direct appeals review the trial record for errors in jury instructions, evidentiary rulings, prosecutorial misconduct, and sentencing calculations without introducing new evidence.
Arizona courts can modify sentences under certain circumstances. This includes correcting illegal sentences (sentences that exceed statutory maximums or violate sentencing guidelines), modifying probation terms, and requesting early termination of probation. Derek files sentence modification motions when the original sentence was legally improper or when changed circumstances warrant a reduction in sentence length or conditions.
Arizona’s record sealing statute (ARS 13-911), effective January 2023, allows eligible individuals to petition the court to seal their criminal records after completing all sentence requirements. Sealed records are hidden from most public background checks, employers, and landlords. This is a significant development for anyone with a prior conviction seeking a fresh start in employment, housing, or professional licensing.
Under ARS 13-905, a person who has completed their sentence can petition the court to set aside the judgment of guilt. Unlike record sealing, a set-aside does not hide the conviction — it adds a notation that the conviction has been set aside. While the original record remains visible, a set-aside demonstrates rehabilitation and can help with employment applications and professional licensing in Arizona.
Arizona courts will grant post-conviction relief when specific legal grounds are established. Derek Oliverson investigates each case thoroughly to identify every viable basis for challenging the conviction or sentence. The following grounds are the most commonly successful in Arizona post-conviction proceedings.
| Ground for Relief | What It Means | Common Examples |
|---|---|---|
| Ineffective Assistance of Counsel | Trial attorney’s performance fell below professional standards AND affected the outcome | Failure to investigate witnesses, missing deadlines, not filing motions, bad plea advice |
| Newly Discovered Evidence | Evidence that was not available at trial and would likely change the outcome | New DNA evidence, recanting witnesses, surveillance footage discovered later |
| Constitutional Violations | Rights under the U.S. or Arizona Constitution were violated during proceedings | Coerced confession, illegal search, denial of right to counsel, jury misconduct |
| Prosecutorial Misconduct | Prosecutor withheld evidence, made improper arguments, or violated ethical rules | Brady violations (hiding exculpatory evidence), knowingly using false testimony |
| Improper Jury Instructions | Judge gave the jury incorrect legal instructions that affected the verdict | Wrong burden of proof instruction, missing lesser-included offense instruction |
| Excessive Sentencing | Sentence exceeds statutory maximums or was based on incorrect information | Wrong criminal history calculation, sentence exceeding statutory range, double jeopardy |
Rule 32 of-right petitions must generally be filed within 90 days of sentencing. However, claims based on newly discovered evidence or constitutional violations can be raised at any time. Direct appeals must be filed within 20 days of sentencing.
Arizona’s record sealing statute (ARS 13-911) took effect in January 2023, giving hundreds of thousands of Arizonans the ability to seal past convictions from public view. Here is what you need to know.
To petition for record sealing in Arizona, you must have completed all terms of your sentence, including prison or jail time, probation, community service, fines, and restitution. A waiting period applies after sentence completion: typically 2 years for misdemeanors and 3 to 10 years for felonies depending on the offense category. You must not have any pending criminal charges or be currently serving a sentence for another offense.
Most non-violent criminal offenses are eligible for record sealing in Arizona. This includes DUI convictions (including extreme DUI), drug possession, theft, fraud, disorderly conduct, criminal damage, and many other misdemeanors and felonies. The law was specifically designed to help people who have served their sentences move forward without the burden of a permanent criminal record affecting employment and housing opportunities across Maricopa, Pima, Pinal, and all 15 Arizona counties.
Certain offenses cannot be sealed under Arizona law. These exclusions include: dangerous offenses involving the discharge, use, or threatening exhibition of a deadly weapon; serious violent offenses (murder, manslaughter, aggravated assault causing serious physical injury); sex offenses requiring registration; offenses involving a minor victim where the defendant was an adult; and offenses where the victim was a law enforcement officer acting in their official capacity.
The record sealing process begins with filing a petition in the court where the conviction occurred. The petition must include documentation of sentence completion, the waiting period, and rehabilitation evidence. The prosecutor has 30 days to respond. In most cases, the court holds a hearing where Derek presents your case for sealing. The judge considers the nature of the offense, time elapsed, rehabilitation efforts, and the impact of sealing on public safety. If granted, the court issues a sealing order and the record is removed from public databases.
Once sealed, your criminal record is hidden from most background checks used by employers, landlords, and licensing agencies. You can legally state that you have not been convicted of the sealed offense on most applications. Sealed records remain accessible to law enforcement and certain government agencies, but the practical impact on daily life is significant. Clients across Phoenix, Tempe, Scottsdale, Mesa, Gilbert, and Chandler have used record sealing to secure employment, housing, and professional licenses that were previously denied due to their criminal history.
A Rule 32 petition is Arizona’s primary post-conviction relief mechanism. It allows convicted individuals to challenge their conviction or sentence based on constitutional violations, newly discovered evidence, ineffective counsel, or other legal errors that occurred during the original proceedings. Rule 32 petitions are filed in the original trial court and can result in a new trial, reduced sentence, or dismissal of the charges entirely.
Timelines vary. A direct appeal must be filed within 20 days of sentencing. A Rule 32 petition generally must be filed within 90 days of sentencing for of-right proceedings. However, certain claims — like newly discovered evidence or significant changes in the law — can be raised at any time, even years after the conviction. Derek Oliverson evaluates each case to determine which deadlines apply and which claims remain available regardless of time elapsed.
Arizona’s record sealing law (ARS 13-911, effective January 2023) allows eligible individuals to petition to seal criminal records after completing all sentence requirements. Most non-violent offenses qualify, including DUI convictions, drug possession, theft, and fraud. Violent crimes, sex offenses, and crimes against minors are generally excluded. A waiting period of 2 to 10 years applies after sentence completion depending on the offense severity.
Arizona does not offer true expungement (complete destruction of records). Record sealing prevents the public from accessing the record, but law enforcement and certain agencies can still see it. A set-aside judgment under ARS 13-905 is another option that doesn’t seal the record but adds a notation that the conviction was set aside. Record sealing provides more protection because it hides the conviction from standard background checks used by employers, landlords, and licensing boards across Arizona.
Whether you’re seeking to overturn a wrongful conviction, reduce a sentence, or seal your criminal record under Arizona’s 2023 law, Derek Oliverson has the experience to fight for your rights. He handles post-conviction cases across all 15 Arizona counties. Call now for a free, confidential case evaluation.
(480) 582-3637