Are Criminal Records Public in Arizona? Sealing Your Past

Understanding Arizona’s Public Record Landscape

If you’ve ever been arrested or convicted in the Grand Canyon State, you have likely asked: Are criminal records public in Arizona? The reality for many years was that Arizona maintained some of the most accessible criminal records in the country. An old mistake could follow you for decades, appearing on every routine background check and creating a permanent barrier to progress.

In recent years, the legal landscape in our state has changed significantly. While most criminal records start as public documents, new laws now provide a path to privacy that was previously unavailable. We focus on helping individuals navigate these complex shifts to ensure their past does not dictate their future.

If you’re ready to begin the process of clearing your name, hire Future First Criminal Law today.

Is my Arizona criminal history available to everyone?

By default, Arizona considers most criminal history records to be public information. The Arizona Department of Public Safety (AZDPS) and local court systems maintain these records. Unless you take proactive legal steps, this information is generally available to anyone who knows how to search for it.

Public records in our state typically encompass the entire timeline of a case. This includes the initial arrest record, the formal charges filed by the prosecutor, and the final court disposition. If a conviction occurred, the sentencing details, probation status, and fine payment history are also part of that public file. This level of transparency is meant to hold the justice system accountable, but it often leaves individuals feeling exposed long after they have moved on with their lives.

What is the 1070 law in Arizona?

You may have heard of SB 1070, a law passed in 2010 that significantly impacted how law enforcement interacts with the community. While it’s often discussed in the context of immigration, it has limited implications for criminal records and public documentation. The law requires police officers to attempt to determine the immigration status of a person during a lawful stop or arrest if there is reasonable suspicion that the person is in the country illegally.

While SB 1070 can result in additional law enforcement documentation, immigration-status verification is not routinely included in publicly accessible criminal history records or standard background checks used by employers or landlords. Any immigration-related information is generally contained within law enforcement records rather than public court or AZDPS databases.

Does Arizona have the 7 year rule?

There is a common misunderstanding that criminal records automatically vanish after seven years. In Arizona, this is not exactly how the law works. The so-called “7-year rule” comes from the federal Fair Credit Reporting Act (FCRA), which governs third-party background check companies rather than the state government itself.

Under the FCRA, certain non-conviction information may be limited in consumer reports, but criminal convictions may still be reported regardless of age. Additionally, the FCRA does not remove or limit access to public criminal records maintained by Arizona courts or the Arizona Department of Public Safety. This is why you can’t rely on time alone to clear your name. You must use the state’s legal mechanisms to seal the record.

How does the new Arizona record sealing law work?

For a long time, the only option in Arizona was to “Set Aside” a conviction. While helpful, a Set Aside does not hide the record. It simply adds a notation that you completed your requirements. That changed on January 1, 2023, with the enactment of A.R.S. § 13-911. This law allows us to petition the court to actually seal your records, which provides a much higher level of protection.

When we successfully seal a record under this statute, it’s no longer visible to the general public, including landlords and most employers. The law specifically allows you to state on most applications that you have never been arrested or convicted of that crime. The record is not deleted, but it is moved to a restricted environment where only law enforcement and specific government agencies may access it for limited purposes allowed by statute, including use as a prior conviction, for sentencing enhancement, or for impeachment in later proceedings.

Who is eligible to seal their record under A.R.S. § 13-911?

Eligibility for record sealing depends on the final outcome of your case and the amount of time that has passed since you finished your sentence. I work with clients to determine if they meet the specific criteria set by the state. Generally, you may be eligible if you were arrested but never charged, if your charges were dismissed, or if you were found not guilty at trial.

If you were convicted, you must wait until you have received an “absolute discharge” from the court. This means you have completed all jail or prison time, finished every day of your probation, and paid every cent of your court-ordered fines, fees, and victim restitution. Once that discharge is granted and all monetary obligations are paid, a waiting period begins based on the severity of the offense. For example, a Class 1 misdemeanor requires a 3-year wait, while a Class 4 felony requires 5 years.

Are there crimes that can never be sealed in Arizona?

While the new sealing law is broad, the state legislature excluded certain offenses from this benefit. I find it important to be direct about these limitations so you can make informed decisions. Records can’t be sealed for offenses specifically excluded by statute, including dangerous offenses, dangerous crimes against children, serious offenses, violent or aggravated felonies, offenses involving the use or threatened use of a deadly weapon or dangerous instrument, and offenses involving the intentional infliction of serious physical injury.

Crimes against children and certain sexual offenses are also ineligible for sealing under A.R.S. § 13-911. If your record involves these specific types of charges, the information will remain public regardless of how much time has passed. For most other offenses, however, a path to privacy exists if we follow the correct legal procedures.

Why is the process of sealing a record difficult to do alone?

Filing a petition to seal a record is a precise legal process. It’s not as simple as filling out a form. We must identify the correct jurisdiction, gather official documentation from the AZDPS, and draft a petition that clearly demonstrates you have met all legal requirements. A single error in the paperwork or a failure to notify the correct prosecuting agency can lead to a summary denial by the judge.

If a petition is denied, you may be barred from reapplying for several years. We focus on getting the petition right the first time. We handle the communication with the courts and the prosecutors, who have the right to object to your request. If an objection is filed, we’re prepared to argue your case in front of a judge to demonstrate why sealing your record is in the interest of justice.

How does sealing a record change your daily life?

The impact of a sealed record is felt most during major life transitions. When you apply for a new job, you no longer have to worry about a mistake from your youth ending your candidacy before the interview even starts. When you apply for an apartment, you can pass the background check with confidence.

Sealing a record provides a sense of closure that a “Set Aside” simply can’t match. It restores your right to privacy and allows you to move through the world without the weight of a public criminal history. We take pride in helping our clients achieve this level of freedom. If you’re tired of your past limiting your potential, hire Future First Criminal Law today.

Conclusion

Are criminal records public in Arizona? While the default answer is yes, it doesn’t have to stay that way for you. Between the complexities of SB 1070 and the common misconceptions surrounding the 7-year rule, it’s easy to feel overwhelmed by the system. However, the introduction of A.R.S. § 13-911 has created a powerful opportunity for a fresh start.

We’re committed to providing clear, professional guidance to those who want to reclaim their privacy. Whether you’re dealing with an old misdemeanor or a felony conviction, we can investigate your eligibility and take the necessary steps to petition the court.

Don’t let a public record hold you back any longer. Hire Future First Criminal Law today.

Frequently Asked Questions

1. Does sealing a record mean it is deleted or expunged?

No. Arizona generally does not allow expungement of criminal records, except for certain marijuana-related offenses under A.R.S. § 36-2862. Sealing means the record is hidden from the public and third-party background check companies. The record still exists in a highly restricted government database and can be accessed by law enforcement and courts as permitted by law.

2. Can I seal my record if I still owe restitution?

No. You are not eligible to seal your record until you have fulfilled all monetary obligations related to your case. This includes all court fines, administrative fees, and restitution owed to victims. You must have a zero balance with the court before a petition to seal may be granted.

3. Do I have to disclose a sealed conviction to an employer?

In the vast majority of cases, no. Arizona law allows you to state that you have not been arrested or convicted of the crime if the record has been sealed. There are limited statutory exceptions for certain regulated positions, fingerprint clearance card requirements, or where disclosure is required by state or federal law.

4. How long does it take for a judge to rule on a sealing petition?

The timeline varies depending on the specific court and the workload of the prosecutor’s office. Generally, the process takes between three and four months. This time allows for eligibility verification, prosecutorial review, and judicial consideration.