When someone is arrested or charged with domestic violence in Arizona but never convicted it 100% is still on your record and will cause long-term damage to their reputation, job prospects, and housing opportunities. Even without a guilty plea or trial, the existence of an arrest or dismissed case still appears in background checks forever. Fortunately, Arizona law now offers a powerful legal remedy: record sealing.
Let’s explore how record sealing works in Arizona, and whether it applies to domestic violence cases that didn’t result in a conviction.
What Is Record Sealing in Arizona?
Record sealing, under A.R.S. § 13-911, is Arizona’s legal process for making criminal records including arrests, charges, and some convictions inaccessible to the public. Once a case is sealed, it’s as if it never happened in the eyes of employers, landlords, and the general public. That includes dismissed charges and cases where the person was arrested but never formally charged.
Sealing is not the same as expungement (which only applies to certain marijuana-related offenses in Arizona) or setting aside a conviction (which applies only to cases where someone was found guilty). Sealing offers broader protection for non-conviction cases and prevents public access through court databases and background checks run through government channels.
Can You Seal a Domestic Violence Charge If You Weren’t Convicted?
Yes, in many cases you can. Arizona’s record sealing law clearly states that you may be eligible to seal records if:
- You were arrested but never charged with a crime.
- You were charged, but the case was later dismissed.
- You completed a diversion program, and the case was dismissed as a result.
This includes domestic violence-related charges that were dismissed or dropped, either through a lack of evidence, a successful defense, or participation in a diversion program.
To qualify for sealing, you must complete all terms associated with the case, such as any court-ordered classes or diversion program requirements. Then, you must wait a specific period of time before applying:
- Immediately eligible to apply if charges were dropped and no sentence was imposed
- Two years for class 2 or 3 misdemeanors
- Three years for class 1 misdemeanors (most common in DV cases)
This timeline starts after the final condition of the case is met, often the completion of a counseling program or payment of any required fines.
When Domestic Violence Charges Cannot Be Sealed
There are exceptions. Not every domestic violence-related case qualifies for sealing. The most common reasons a DV charge might be ineligible include:
- A conviction for a dangerous or serious offense, such as aggravated assault with a weapon or involving serious injury.
- Use of a deadly weapon or dangerous instrument during the offense.
- Cases involving a victim under the age of 15. These are common in domestic violence situations but can still be approved depending on the case.
It’s important to know that domestic violence is a label or classification attached to a wide range of offenses. Whether a DV case is eligible for sealing depends more on the underlying charge and case outcome than the DV designation itself.
Legal Benefits of Sealing a Domestic Violence Case
Once a record is sealed, you are legally allowed to state that the arrest or charge never occurred, except in certain limited circumstances. The benefits include:
- No longer needing to disclose the case on job or housing applications
- Record hidden from public background checks, including those by private employers or landlords
- Significantly improved chances for employment, professional licensing, and housing
- Protection from discrimination based on an arrest or charge that never led to conviction
In the eyes of the law and public, the sealed record is essentially invisible. However, certain parties like law enforcement, prosecutors, and courts still retain access if needed for job-related purposes.
What If You Were Convicted of Domestic Violence?
If your domestic violence charge did lead to a conviction, sealing may still be possible but the eligibility rules are stricter. You must:
- Complete all sentencing requirements, including probation and payment of fines
- Wait the required number of years after completing your sentence (listed above)
- Not have been convicted of a serious, dangerous, or violent offense involving a weapon, serious injury, or a child victim
Even if sealing is not an option, you may still be eligible for a set aside under A.R.S. § 13-905, which removes the legal judgment of guilt and releases you from penalties related to the conviction. While it does not hide the case from public view like sealing does, a set aside shows that the court recognizes your rehabilitation and can be a helpful step toward sealing in the future.
Important Updates to Arizona’s Sealing Process
If you’re considering sealing a domestic violence charge, here are a few critical updates you should know:
- The waiting period is now 60 days before a judge can make a decision after a petition is filed.
- Fines and fees must still be paid before applying, but they no longer count toward the eligibility waiting period.
- Each case is now evaluated individually. A newer offense doesn’t delay the eligibility of an older one—this is a major shift from previous law.
These changes make the process clearer and, in many cases, faster and fairer for people trying to move on with their lives.
How to Start the Process of Sealing Your Record
If you’re ready to seal a domestic violence charge from your past, here’s what you’ll need:
- Basic information about your case (court name, arresting agency, year of the offense)
- Proof that all case requirements have been completed
- Patience as the process can take several months, depending on how fast the court and the Department of Public Safety process your petition
If you’re missing some of this information, you can request a criminal history report review and challenge from the Arizona Department of Public Safety at psp.azdps.gov. This report can help fill in any missing details so that your petition is complete.
Once your case is sealed, most government agencies are required to update their systems and remove your record from public access. There may still be a delay before this change reflects online, but it’s an important and final step toward clearing your name.
Conclusion
A dismissed domestic violence charge can follow you for years even if you were never convicted but it doesn’t have to. Arizona law now allows many people to seal these records permanently and move forward without the weight of a past accusation. Whether you were arrested and never charged, or completed a diversion program that ended in dismissal, you may be eligible to seal your record and start fresh.
If you have questions about your eligibility or want guidance through the process, you don’t have to do it alone. Sealing your record is a life-changing step and getting it right matters.
Zachary Divelbiss, Lawyer
Future First Criminal Law
