Why Your Dismissed Case Still Matters
A dismissed case in Arizona doesn’t disappear. Even if the charges were dropped or you were found not guilty, the arrest and court records are still visible on background checks. This public access can limit your future in serious ways.
The video explains how Arizona’s new sealing law, A.R.S. § 13-911, can help you remove dismissed or dropped charges from public view. This change matters for your job prospects, housing applications, financial opportunities, and more.
What Is A.R.S. § 13-911 and How Does It Work?
This law, effective January 1, 2023, gives you the right to petition the court to seal criminal case records in Arizona, including dismissed charges, not-guilty verdicts, and even some arrests that never resulted in charges.
1. The Problem: Visibility of Dismissed or Dropped Cases
Before this law, your only option was a Set Aside, which applies only to convictions. Dismissed cases had no remedy. They remained in public databases, accessible to employers, landlords, and background check companies.
2. The Solution: Record Sealing
Under A.R.S. § 13-911, you can petition the court to seal all records related to your case, including:
- Police reports
- Arrest records
- Court filings
Once sealed:
- The public can no longer access these records.
- You can legally say you were never arrested or charged.
- The records are still available to criminal justice agencies and certain government entities for official purposes.
Who Can Seal a Dismissed Case?
You’re immediately eligible to seal a case if:
- You were charged and the case was later dismissed (including following diversion).
- You were found not guilty at trial.
- You were arrested but never charged, and the statute of limitations has passed or the prosecutor chose not to file.
There is no waiting period for non-conviction cases. You can file your petition as soon as the dismissal or acquittal is final.
How to Seal Your Record: 3-Step Process
1. Gather Your Case Information
You’ll need:
- Case number
- Date of arrest
- Court name (where the case was filed)
- If no charges were filed: the city of arrest and police agency
If you’re unsure, request your full criminal history from the Arizona Department of Public Safety: https://psp.azdps.gov
2. File the Petition
- Use the official Petition to Seal Criminal Case Records form from the Arizona Judicial Branch.
- File in the same court where the case was filed, or in Superior Court of the arresting county if no charges were ever filed.
3. Wait for the Court’s Decision
- The court notifies the prosecutor, who has 30 days to respond.
- The judge generally cannot rule for at least 60 days, unless there’s consent from the prosecutor and the victim.
- If the judge agrees that sealing serves both your interests and public safety, the case will be sealed.
Once sealed:
- Employers and landlords can’t see the record.
- You don’t have to disclose it on most applications.
- Law enforcement and specific government agencies still retain access.
Take Action and Move Forward
A dismissed or dropped charge shouldn’t control your future. Arizona law now gives you the right to seal that record, but you have to act.
Need your record sealed? You can hire us to handle the process.
Zachary Divelbiss, Lawyer
Future First Criminal Law
