Arizona Record Sealing: Clear Your Past for a Better Future

Have You Ever Felt Trapped by a Mistake From Your Past?

If you have a criminal record in Arizona, you know the answer is a resounding yes. A past arrest, dismissed case, conviction, felony, misdemeanor, can feel like a life sentence holding you back from advancing your career, securing housing, or furthering your education. For years, Arizona’s laws offered minimal solutions but that all changed for the better in 2023!

We understand the weight a criminal record carries and how it can undermine your ability to move forward. But Arizona law has changed, and it’s changed in a meaningful way.

Arizona’s New Record Sealing Law Is a Game Changer

In 2023, Arizona enacted a powerful new law that allows eligible individuals to seal their criminal records, offering real privacy and relief. This legal shift gives people who have paid their dues a chance to move forward without carrying the stigma of a public record.

This guide outlines how the new sealing process works, how it compares to the older set aside option, who qualifies, and what benefits are available. We believe in second chances, and this law creates a meaningful path toward them.

How Is Clearing My Record in Arizona Different Now Than Before?

The Difference Between Set Aside and Sealing

Before 2023, Arizona’s primary relief mechanism was the Set Aside (under A.R.S. § 13-905). This vacated the judgment of guilt and released the person from many penalties of the conviction. However, it did not erase the public record. The charge, the outcome, and the set aside order itself remained visible. Employers and landlords could still see the case and often required explanation.

By contrast, Record Sealing under A.R.S. § 13-911 makes the record non-public. It seals the entire criminal case file, arrest records, court documents, and final disposition. For most private employers, landlords, and background check services, the sealed record is invisible. It offers a deeper level of confidentiality and allows people to move on without having to continually relive their past mistake.

Am I Eligible to Have My Arizona Criminal Record Sealed?

General Eligibility Requirements

Eligibility for sealing depends on three key factors:

1. The type of offense
2. Completion of all sentence terms, including:
   • Probation or parole
   • All fines, fees, and restitution
   • Any education, counseling, or community service
3. The required waiting period after sentence completion

The waiting period begins after all sentence conditions are completed, including final payment of fines or, in felony prison cases, from the date of absolute discharge.

Arizona Record Sealing Waiting Periods

• 2 years: Class 2 or 3 misdemeanors (e.g., criminal speeding, reckless driving, etc.)
• 3 years: Class 1 misdemeanors (DUIs, etc.)
• 5 years: Class 4, 5, or 6 felonies
• 10 years: Class 2 or 3 felonies
• 3 additional years: If a prior petition to seal was denied

Which Offenses Are Not Eligible for Sealing?

Sealing does not apply to all cases. Some offenses are permanently excluded under A.R.S. § 13-911 and related statutes.

Offenses Not Eligible for Record Sealing

• Dangerous offenses: Those involving deadly weapons or serious physical injury
• Violent/aggravated offenses: Including 1st and 2nd degree murder, aggravated assault with injury or weapon, arson of an occupied structure, armed robbery, drive-by shootings, and gang- or terrorism-related offenses
• Sexual offenses: Especially those requiring registration
• Crimes involving a victim under age 15
• Juvenile court cases: Already sealed automatically upon completion of terms

If your conviction falls into one of these categories, you may still qualify for a Set Aside, which can offer some relief and increase your chances of future sealing eligibility.

What Is the Legal Process for Petitioning to Seal a Record?

Sealing is not automatic. You must file a formal motion in court, serve notice to the prosecutor, and in some cases, attend a hearing. The process generally unfolds in four key stages:

Stage 1: Record Review and Eligibility Confirmation

We gather every relevant document, court records, disposition papers, and police reports, to confirm:

• The offense is eligible
• All sentence conditions are fulfilled
• The required waiting period has passed

We do not move forward with filing unless all requirements are fully met.

Stage 2: Preparing and Filing the Petition

A formal Petition to Seal is drafted citing A.R.S. § 13-911, and includes:

• Factual case history
• Legal arguments for sealing
• Proof that all obligations (including fines) have been paid

The petition is filed in the correct court based on where the case occurred, municipal, justice, or superior.

Stage 3: Service to Prosecutor and Response Period

Once filed, the court serves the petition to the appropriate prosecuting agency. The prosecutor has the right to object, especially if there is disagreement over sentencing completion or eligibility. Objections are uncommon if all criteria are clearly met and there is no victim.

Stage 4: Hearing and Court Order

If no objections are filed, the court may grant the sealing without a hearing. If a hearing is scheduled, we present evidence of rehabilitation and show why sealing is in the best interests of both the petitioner (you) and the public. If granted, the court issues a Sealing Order, which is sent to agencies like the Department of Public Safety (DPS) for enforcement. Sealing typically takes effect within 60 days.

How Does Arizona’s Record Sealing Compare to Marijuana Expungement?

Record sealing and marijuana expungement are two separate remedies governed by different laws.

• Sealing (A.R.S. § 13-911): Applies to a wide range of misdemeanors, felonies, arrest-only situations, and dismissed cases
• Marijuana Expungement (A.R.S. § 36-2862): Applies only to specific marijuana-related offenses made legal under Proposition 207

Key Differences

• Expungement erases the record entirely, legally, it’s as if it never happened.
• Sealing hides the record from the public, but it can still be accessed by certain government agencies.
• Expungement has no waiting period.
• If you have both a marijuana offense and a non-marijuana conviction, you’ll need to file two separate petitions.

What Are the Benefits of Successfully Sealing a Record?

Sealing offers significant and life-changing advantages.

• Employment: Sealed cases won’t appear on most background checks, and in most cases, you can legally say you haven’t been convicted and check the “no” box.
• Housing: Removes a major barrier from rental applications.
• Education: Makes it easier to apply to schools or qualify for financial aid.
• Privacy: Prevents employers, landlords, and strangers from seeing the details of your past.

You’re no longer required to disclose the offense in most situations. There are exceptions like jobs involving children, financial positions, or fingerprint clearance but for the majority of careers and housing applications, the record is truly hidden.

Are There Exceptions Where a Sealed Record Can Still Be Accessed?

Yes. Sealing makes your record non-public, but not invisible to everyone. The law allows access in limited circumstances:

• Law enforcement agencies: For investigations or future arrests
• Prosecutors and courts: For use in future criminal cases
• Professional licensing boards: For certain regulated professions
• Fingerprint Clearance Card review
• Some federal or financial institutions: As required by law

It’s essential to understand when you must still disclose a sealed record, and we make sure every client knows where those exceptions apply.

What Steps Can I Take Today to Start the Process?

Getting started takes preparation, but it’s completely doable. Here’s what we recommend:

• Collect your records: This includes court case numbers, sentencing details, and payment receipts. If you don’t have them, you can request a history report from DPS at https://psp.azdps.gov.
• Verify that all fines and restitution have been paid.
• Document your rehabilitation: Employment, education, volunteer work, and personal growth all help show you deserve a clean slate.
• Speak to a legal professional: The rules can be complex, especially with multiple offenses or older cases. A qualified attorney can help file correctly and ensure the best possible outcome.

Conclusion

Arizona’s new record sealing law is a major step forward for criminal justice reform. It provides real relief, restores privacy, and gives people a second chance to live freely. Whether sealing, setting aside, or expunging a marijuana offense, there is now a legal path to clear your record and reclaim your future.

If you’ve paid your dues and moved on with your life, you deserve a fresh start. We’re here for hire to make that happen, efficiently, respectfully, and with a focus on what matters most: your future.

Zachary Divelbiss, Lawyer
Future First Criminal Law