Can Arrest Records Be Sealed in Arizona? Your Path to Privacy

Is it possible to seal an arrest record in Arizona?

For many years, Arizona was one of the most difficult states in the country for someone trying to move past a criminal record. If you were arrested, that record stayed public forever, regardless of whether you were ever actually convicted of a crime. We saw firsthand how this “permanent mark” prevented hardworking people from getting the jobs and housing they deserved.

Fortunately, the law changed recently. With the passage of A.R.S. § 13-911, we now have a powerful tool to help you hide those records. This law allows us to petition the court to seal your records, which means they are no longer accessible to the general public. While the records are not completely deleted, they are effectively masked from the eyes of most people who would run a background check on you.

What is the difference between sealing and a set aside?

We often speak with clients who are confused by the different types of record relief in Arizona. It is important to understand that a “Set Aside” and “Sealing” do two very different things. When we help you get a conviction set aside under A.R.S. § 13-905, the court sets aside the judgment of guilt and dismisses the case, but the conviction can still be used in the future. However, the record itself remains public. It simply has a note next to it saying “Set Aside.”

Sealing is much more comprehensive for your privacy. When we successfully seal a record under A.R.S. § 13-911, the court orders that the record be hidden. If a prospective employer or landlord performs a standard background check, they generally will not see the arrest or conviction in standard background checks. We believe this provides one of the strongest privacy protections currently available under Arizona law.

Who is eligible to seal their records?

We find that many people with a record in Arizona may be eligible for sealing, but eligibility depends on the type of offense and other factors, but there are specific requirements you must meet. First, your case must have occurred in an Arizona state, county, or city court. We cannot help with federal cases or cases that happened in other states.

You are generally eligible to petition the court if you were arrested but never charged, or whose cases were dismissed or resulted in a “not guilty” verdict, you may be eligible to file immediately once the case is fully resolved. If you were convicted, you are still eligible as long as you have completed all terms of your sentence. This includes finishing any jail or prison time, completing probation, and paying all required fines and restitution before filing. Some serious offenses involving public safety or crimes against children are excluded from this law, and we can review your specific case to confirm your eligibility.

How long must you wait before applying?

The state of Arizona requires a “waiting period” that begins after completing all non-monetary terms of your sentence, and all fines and restitution must be paid before filing. The length of time you must wait depends on the level of the offense you are trying to seal.

For those who were arrested but never charged, or for those whose cases were dismissed or resulted in a “not guilty” verdict, you may be eligible to file immediately once the case is fully resolved. If you were convicted of a Class 2 or 3 felony, the wait is ten years. For Class 4, 5, or 6 felonies, the wait is five years. For Class 1 misdemeanors, you must wait three years, and for all other misdemeanors, the wait is two years. If you are convicted of a new crime during this time, the clock resets, which is why it is so important to remain law-abiding while you wait to clear your name.

What are the real-world benefits of a sealed record?

We have seen our clients’ opportunities significantly improve once their records are sealed. The primary benefit is the ability, in most situations, to state that you have not been arrested, charged, or convicted of a crime related to the sealed matter, with some legal exceptions. This removes the “automatic rejection” that many people face when a background check reveals a past mistake.

Beyond employment and housing, sealing your record may improve your chances of obtaining a Fingerprint Clearance Card, but approval is not guaranteed, which is often required for careers in healthcare, education, or social work. We also see a massive emotional benefit for our clients. There is a profound sense of relief that comes from knowing your past is finally in the past and that you are no longer defined by a single bad day or a difficult period in your life.

How do we handle the sealing process for you?

We have developed a streamlined process to make this as easy as possible for you. We begin by researching your case and gathering all the necessary information from the court. We then draft a formal petition that highlights your rehabilitation and explains to the judge why sealing your record is in the best interest of justice and public safety.

Once we file the petition, the prosecutor’s office has an opportunity to object. If they do object, we handle the legal arguments to defend your right to privacy. In most cases, you will not even have to appear in court. We manage the entire process from start to finish, and we keep you updated through the process so you always know the status of your case.

Why is it risky to file for sealing on your own?

The law surrounding A.R.S. § 13-911 is complex, and the court is very strict about how petitions are filed. If you file on your own and make a mistake, or if your petition is denied because it wasn’t argued correctly, the law states that you must wait three years from the date of denial before reapplying. We believe that three extra years is too long to wait for a second chance.

We ensure that your petition is legally sound and that all statutory requirements are met before it ever reaches the judge’s desk. Our goal is to get it right the first time so you can move forward with your life without unnecessary delays.

Does sealing a record restore firearm rights?

This is a question we hear often. It is important to know that sealing a record under A.R.S. § 13-911 does not automatically restore your right to possess a firearm. If your conviction affected your firearm rights, you may need a separate restoration process or a set aside, depending on the offense. We often recommend that our clients pursue both options together to ensure they receive the most complete relief possible.

What happens after the judge signs the order?

Once we obtain a signed order from the judge, we ensure that the Arizona Department of Public Safety updates their records. They will “mask” the record in the state’s central repository. It usually takes some time for private background check companies to update their databases, but the legal protection begins as soon as the judge signs the paper. If a sealed record shows up on a private background check later, the court order can be used to dispute and request removal from background check companies.

Conclusion

Navigating the legal system to seal an arrest record can feel overwhelming, but the rewards are worth the effort. Under A.R.S. § 13-911, you have a legitimate path to privacy that was unavailable just a few years ago. By acting now and ensuring your petition is handled correctly, you can remove the barriers that have been holding you back.

Take the next step toward a clean slate

We know how heavy a criminal record can feel. It shouldn’t be a life sentence of limited opportunities. Arizona has finally given you a way to reclaim your privacy, and we are here to make sure that process goes as smoothly as possible. We handle the paperwork, the prosecutors, and the court system so you don’t have to. Hire Future First Criminal Law today.

Frequently Asked Questions

Will the police still be able to see my record?

Yes, law enforcement and certain government agencies will still have access to sealed records. For example, if you apply for a job as a police officer or a position that requires a high-level security clearance, they will likely still see the incident. However, for most civilian jobs, the record will remain hidden.

How long does the court take to decide?

Once we file the petition, the court usually takes about 90+ days to provide a response. Some courts are faster, and some are slower depending on their current caseload, but we monitor the progress and keep you informed throughout the wait.

Can I seal a felony conviction?

Yes, many felony convictions are eligible under the new law, provided they were not for “dangerous” offenses or certain sexual crimes. The waiting period is longer for felonies (5 to 10 years), but the benefit of hiding a felony record is significant.