Clearing up your criminal record in Arizona can open the door to jobs, housing, and peace of mind. For many people, the opportunity to move forward depends on understanding what the law allows when it comes to sealing old records and what it doesn’t. Record sealing in Arizona isn’t a one-size-fits-all process, and it’s important to know exactly what’s included, what’s excluded, and how the courts evaluate each request.
This guide breaks it all down with clarity and compassion because everyone deserves a second chance, and understanding your rights is the first step toward exercising them.
What Sealing a Criminal Record Actually Does
When a record is sealed under A.R.S. § 13-911, the court essentially places it behind a legal curtain. It’s not erased, but it becomes inaccessible to the general public. That means potential employers, landlords, or lenders won’t see the arrest, charge, or conviction when running a background check through official state systems. More importantly, you are legally allowed to state that the incident never occurred except in limited, high risk jobs like being a police office.
However, sealing is not the same as expungement (which is only available in marijuana cases under a different statute). The record still exists and can still be accessed by law enforcement, prosecutors, judges, and certain agencies under specific conditions.
Sealing applies to both adults and juveniles, but juvenile records are generally sealed automatically upon successful completion of probation. Adult cases require a formal petition and approval by a judge.
Who’s Eligible to Seal a Criminal Record in Arizona
Arizona’s sealing law is broader than many expect. You can apply to seal a record even if you weren’t convicted.
You may be eligible if:
- You were arrested but never charged.
- Your case was dismissed (including most diversion program completions).
- You were found not guilty at trial.
- You were convicted of a crime, completed all sentencing terms (including paying fines), and enough time has passed since your sentence was completed.
The waiting period depends on the type of offense:
- 10 years for class 2 or 3 felonies
- 5 years for class 4, 5, or 6 felonies
- 3 years for class 1 misdemeanors
- 2 years for class 2 or 3 misdemeanors
If your petition was previously denied, you’ll need to wait an additional 3 years from the date of that denial before applying again.
Your eligibility is based on the completion date of your sentence, not the date of arrest or conviction. For felony cases involving prison time, the clock starts at your absolute discharge, not the day you walked out of prison. Also, paying off all fines is required before you apply, but those payments no longer count toward your wait time.
Importantly, each case is now evaluated on its own timeline. If you have a newer case that is still within its waiting period, it does not delay your ability to apply for sealing of older eligible cases.
What’s Not Eligible for Record Sealing
Even though Arizona’s sealing law is expansive, there are still firm limits in place. Certain serious or violent offenses are excluded to protect public safety and preserve law enforcement access.
Ineligible cases include:
- Civil cases (these aren’t criminal matters) like orders of protection, divorces, etc.
- Cases involving serious or dangerous offenses, including:
- Murder, manslaughter
- Aggravated assault involving serious injury or a weapon
- Armed robbery
- Burglary of an occupied structure
- Arson of an occupied building
- Kidnapping
- Drive-by shootings or shootings into occupied structures
- Riot, gang-related crimes, terrorism
- Murder, manslaughter
- Crimes involving a deadly weapon or dangerous instrument as part of the offense
- Cases where the victim was under age 15
- Sex-related crimes
It’s also important to note that some offenses might appear eligible based on their title, but if the facts involve violence, weapons, or serious injury, a judge may still deny the request based on public safety concerns.
What Happens After Your Record is Sealed
If your petition is approved, the benefits can be life-changing. The record becomes invisible to most employers, landlords, and background check companies using government data.
Here’s what sealing accomplishes:
- The judgment of guilt, arrest, or charge is treated as if it never occurred.
- You are legally allowed to state on most applications that you have no criminal record.
- All civil penalties tied to the conviction are lifted (if the accompanying Set Aside Application is approved).
- The Department of Public Safety updates your background information and marks it as sealed. DPS is more like to issue you a fingerprint clearance card.
- The sealed record will be removed from court and police websites (although it can take a few weeks for changes to appear).
However, sealing doesn’t impact everything. The record is still visible to certain entities, including:
- Prosecutors and judges
- Law enforcement
- The Department of Child Safety and Juvenile Corrections
- The Clerk of the Court
- Some licensing boards, particularly for jobs involving:
- Children or vulnerable adults
- Finance
- Law enforcement or the courts
- Commercial driving or piloting
- Children or vulnerable adults
- Insurance and DMV records remain unaffected
What if You’re Not Sure About Your Eligibility?
Many people don’t have complete information about their old cases, especially if it’s been years or decades since the offense. There are two ways to move forward:
- Try to collect as much info as possible:
- Court name
- City of arrest
- Law enforcement agency
- Date or year of the crime
- Court name
- If that’s not possible, request a criminal history report from the Arizona Department of Public Safety. You’ll need to get fingerprinted and submit a form at https://psp.azdps.gov, but the report will include most or all of the info needed to file a petition.
It’s okay if you don’t have every detail at the start. What matters is getting started because sealing your record can mean finally putting the past behind you.
Key Takeaways from Recent Legal Updates
There are a few recent changes to Arizona law that impact how record sealing works today:
- Judges must now wait at least 60 days before making a decision on a sealing petition.
- Paying off fines is still required, but this no longer extends the required waiting period.
- Each criminal case is now evaluated independently. You can apply to seal an older record even if a newer offense is still within its waiting period.
These updates provide greater flexibility and clarity for people who are ready to clean up their records and move forward with confidence.
Sealing a criminal record in Arizona is a powerful tool but it’s not always easy to navigate alone. A qualified attorney can help make sure your petition is complete, timely, and supported by the right documentation.
If you’re considering sealing your record, now is the time to find out what’s possible.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
