Sealing Records & Background Checks: Your Arizona Job Search Guide

For many people with a criminal record in Arizona, applying for a job can feel like facing a wall that never quite disappears. Even years after completing probation or paying all fines, a past conviction may still show up in background checks, limiting opportunities that would otherwise be available. That’s why understanding how record sealing and set aside laws affect employment is essential.

Arizona now offers two primary post-conviction remedies to reduce the impact of a criminal record: Record Sealing under A.R.S. § 13-911 and Set Aside under A.R.S. § 13-905. These tools help remove or reduce the visibility of a criminal record, often giving applicants a stronger chance in the job market. Still, confusion is common. Many people are unsure how sealed or set aside records interact with background checks and what rights they have if incorrect information appears. This guide explains how record sealing works in Arizona and how it affects the employment screening process.

Sealing, Expungement, and Set Aside: What’s the Difference?

Although terms like “sealing,” “expungement,” and “set aside” are sometimes used interchangeably, they represent different legal processes with different effects.

Record Sealing

In Arizona, record sealing means that a criminal case file is removed from public access. It still exists in the legal system, but private employers, landlords, and most background check companies can no longer see it. Courts, prosecutors, and law enforcement may still access it when legally authorized.

Expungement

Expungement is not widely available in Arizona except in specific cases, such as certain marijuana-related offenses. In general, expungement refers to a more complete legal erasure of the record, treating it as if it never occurred. In states that offer expungement, the record is either destroyed or sealed so thoroughly that even courts and law enforcement may be limited in access.

Set Aside

Arizona’s Set Aside law allows a person who has completed all sentencing requirements to petition the court to vacate the judgment of guilt. If granted, the conviction is marked as “Set Aside” and civil rights may be restored. The record remains public, but the legal status of the case changes. For many employment situations, a Set Aside signals rehabilitation and can reduce the negative impact of a criminal record.

Each of these remedies helps limit access to the record, but only sealing removes it from public background checks. That distinction is especially important for job seekers.

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How Employment Background Checks Work

Most employers do not search court records themselves. They rely on third-party agencies known as Consumer Reporting Agencies (CRAs) to run background checks. These agencies operate under the federal Fair Credit Reporting Act (FCRA), which sets rules for how personal information can be gathered, used, and reported.

The Standard Background Check Process

• Consent Required: An employer must give notice and get written consent before ordering a background check.
• Data Sources: CRAs search public court records, commercial databases, and other sources like driving and sex offender registries.
• Report Created: A report is generated and sent to the employer based on what is publicly available at the time.

If a record has been sealed under A.R.S. § 13-911, it is no longer available to the public and should not appear in these searches. Likewise, a Set Aside shows the conviction has been dismissed, which can lessen its effect even if it remains visible.

Will a Sealed Record Show Up on a Private Background Check?

In most private employment situations, a properly sealed record will not appear in a background check. That is the primary purpose of the court order, to restrict public access.

Why Sealed Records Should Stay Hidden

• Legal Restrictions: Once a case is sealed, CRAs are not permitted to report it. Sealing removes the case from public court databases, and CRAs rely on those records.
• FCRA Compliance: The FCRA prohibits CRAs from reporting sealed or expunged records. Doing so violates federal law and opens the agency to legal consequences.

The Risk of Outdated Commercial Databases

One practical issue involves third-party databases that collected information before a record was sealed. If a CRA uses an outdated data source, a sealed record might temporarily appear. In such cases, applicants have the right to dispute the report and force a correction.

This is why it’s important to keep a copy of the sealing order. If a background check includes information that should be sealed, the applicant can provide that documentation and require the CRA to correct the error.

Exceptions: When a Sealed Record May Still Be Seen

While sealing provides strong protections, it does not apply to every type of job or background check. Certain professions and roles are legally allowed to view sealed or set aside records during the hiring process.

Common Exceptions

Federal Positions and Security Clearances

Jobs that require a federal security clearance may involve deeper investigations that override Arizona sealing laws. Applicants may be required to disclose their full criminal history, including sealed records.

Law Enforcement and Military

Applicants for police departments, state patrol, or specific military roles may undergo fingerprint-based background checks that include sealed records.

Professional Licensing Boards

Certain boards require disclosure of sealed records as part of the licensing process. These include roles such as:

• Nurses and doctors
• Teachers and childcare providers
• Attorneys or fiduciary professionals

Government Contractors

Positions involving federal contracts or access to vulnerable populations may allow sealed records to be reviewed during the background screening process.

These exceptions are typically disclosed in the application. In most private-sector jobs, the sealed record remains legally protected and does not need to be disclosed.

The Role of the Fair Credit Reporting Act (FCRA)

The FCRA is the federal law that regulates how background check agencies operate. It provides several important protections for individuals with sealed or set aside records.

How the FCRA Protects You

Accuracy Requirement

The FCRA requires CRAs to ensure “maximum possible accuracy” in their reports. If a sealed record appears, the agency is in violation of this standard.

Seven-Year Rule

For non-conviction records (such as arrests), CRAs generally cannot report them after seven years unless the position pays above a certain threshold. Sealed or expunged records should not be reported at all, regardless of age.

Two-Step Notice Requirement

If a background check results in a negative employment decision, the employer must follow this process:

1. Pre-Adverse Action Notice: The employer gives a copy of the report and a summary of rights under the FCRA, allowing time for the applicant to dispute any errors.
2. Adverse Action Notice: After a waiting period, the employer may send a final decision if no corrections are made.

This notice period gives applicants time to correct inaccurate or outdated information before losing the opportunity.

How Related Laws Work Alongside Record Sealing

Sealing a record is just one way to reduce the impact of a past offense. Other laws work alongside it to improve employment access and protect job seekers from unfair treatment.

Supporting Laws That Help

“Ban the Box” Laws

These laws prevent employers from asking about criminal history on initial job applications. The goal is to give applicants a fair chance to be considered based on qualifications before discussing background.

EEOC Guidance

The Equal Employment Opportunity Commission has issued guidelines stating that employers must conduct an individualized assessment before denying employment based on a criminal record. A sealed or set aside record strengthens the argument that the past conviction should not impact hiring.

“Clean Slate” Laws

Some states have adopted laws that automate record sealing after a certain time period. While Arizona does not yet offer automatic sealing for most offenses, legislative momentum may bring similar changes in the future.

What To Do If a Sealed Record Appears in a Report

If a sealed or set aside record shows up in a background check, the applicant has the right to take immediate action.

Steps to Dispute the Error

1. Get the Report: The employer must give you a copy if they are considering not hiring you.
2. Contact the CRA: Dispute the record directly with the agency listed in the report.
3. Provide Documentation: Send a copy of the court order showing that the case is sealed or set aside.
4. Wait for Investigation: The CRA must investigate within a set time period and remove the sealed record from the report.
5. Notify the Employer: Once the corrected report is issued, inform the employer of the error and the updated results.

Acting quickly can prevent a mistake from becoming a lost job opportunity. Keeping a copy of your court order is one of the most important tools for protecting your rights.

Conclusion: Sealing Offers Real Protection in the Hiring Process

For most private-sector jobs, sealing a record ensures that old convictions do not appear on background checks. If a sealed record does show up, federal law provides clear protections, and the applicant has a legal right to demand correction. Understanding these protections empowers people to take back control of their employment future.

Exceptions exist for specific industries, but the majority of job seekers will benefit from sealing their records. Taking proactive steps, by seeking a Set Aside and eventually a Sealing, can help reduce the lasting impact of a conviction and open the door to a second chance.

Zachary Divelbiss, Lawyer
Future First Criminal Law