If your criminal case in Arizona was dismissed, you might assume it’s behind you for good. But under Arizona law, that assumption is wrong. A dismissed case still shows up on your public criminal and arrest record – until you take action and remove it.
This article and video explain:
- Why dismissed cases remain public
- What legal step you must take to remove them (Record Sealing)
- How sealing compares to Set Aside and Expungement
To protect your future, jobs, housing, education, you need to understand these options.
Arizona Law: Why You Must Seal the Record
Here’s how Arizona law treats dismissed cases:
- Dismissal Ends Prosecution – but it doesn’t erase the arrest or charges.
- Public Record Stays Visible – to employers, landlords, and others.
- Record Sealing Is the Solution – You must file a petition under A.R.S. § 13-911 to request that the court seal the case, it is not automatic.
If approved, the court issues an order sealing all related records, making them invisible to the public.
When Record Sealing Applies
Under A.R.S. § 13-911, you are immediately eligible to petition for record sealing if your case ended in any of the following:
- Case Dismissed – Whether through a motion by the prosecutor, diversion program, or otherwise.
- Mistaken Identity – You were the wrong person, and the charges were dropped.
- Not Guilty Verdict – You went to trial and were acquitted.
There is no waiting period for these non-conviction outcomes.
Record Sealing vs. Set Aside vs. Expungement
It’s important to use the correct legal tool for your situation. Here’s a comparison:
| Remedy | What It Does | When It Applies |
|---|---|---|
| Record Sealing | Hides the entire record from public access and background checks | Dismissed charges, acquittals, no charges filed, arrests-only with no charges, convictions but completed punishment and waiting period |
| Set Aside | Vacates a judgment of guilt and restores civil and firearm rights, but the record stays visible | After a conviction (misdemeanor or felony) |
| Expungement | Destroys the record completely and is the best outcome possible | Only applies to marijuana offenses under Prop 207 (A.R.S. § 36-2862) |
If your case was dismissed or resulted in a not guilty verdict, Record Sealing is the remedy you need. Set Asides don’t apply. Expungement won’t help unless it’s for marijuana offenses under 2.5 ounces.
Final Takeaway
In Arizona, a dismissed case stays on your record unless you actively petition to seal it. Employers and landlords can and do see these records forever. Filing under A.R.S. § 13-911 is how you remove those barriers and take control of your future.
Ready to seal a dismissed case? You’ll need the right court, the right petition, and no mistakes. Hire us to get it done right.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
