Were you told that your dismissed case or arrest isn’t on your criminal record. If so, that was a lie.
When the prior criminal legal framework in Arizona left few options beyond seeking a set‑aside for eligible convictions, many individuals found themselves stuck with records that remained visible long after charges were dismissed. As of January 1, 2023, Arizona’s A.R.S. § 13‑911 established a clear path to petition for sealing the records of arrests, dismissed charges, not-guilty verdicts, and completed convictions—even though these sealed records remain discoverable to government agencies under limited circumstances.
We recognize that having an arrest or criminal case lingering on your record—even when charges were dismissed—can create worry and uncertainty about how it will affect your ability to move forward. In Arizona, laws around sealing such records have recently evolved to help individuals regain control of their narrative and reclaim access to housing, employment, and financial aid.
What Records Can Be Sealed and Who Qualifies?
Under A.R.S. § 13‑911, a person may petition to seal all case records—including arrest, charging, conviction, or sentencing records—if any of the following apply:
- The person was charged, and the charge was dismissed or a not‑guilty verdict was reached.
- The person was arrested, but no charges were filed.
- The person was convicted, but has fully completed the sentence, including paying all monetary obligations, restitution, and waited the legal waiting period.
This means that individuals whose cases never resulted in charges, or who were acquitted or had charges dropped, are indeed eligible to seek sealing in Arizona—addressing longstanding concerns about case records continuing to disrupt lives despite innocence or non-prosecution.
Key Requirements and Exceptions
Before filing a petition, a range of conditions must be met. We outline the essentials below:
- Waiting periods (after discharge from probation or completion of sentence) depend on offense class:
- Class 2 or 3 felonies: 10 years
- Class 4, 5, or 6 felonies: 5 years
- Class 1 misdemeanors: 3 years
- Class 2 or 3 misdemeanors: 2 years
- A prior historical felony conviction may add 5 years to the waiting period .
- Individuals with multiple convictions must wait until the waiting period for each conviction has passed.
- Certain serious offenses are excluded from eligibility—such as violent crimes, aggravated sex offenses, or crimes involving deadly weapons, though class 6 sex offenses may still qualify in certain circumstances
The court must also determine that granting the petition is in the best interests of the petitioner and public safety. If the prosecutor or a notified victim objects—or if a hearing is requested—the court must consider these before ruling.
Filing the Petition and Court Process
To begin, one must file the petition in the correct court, depending on the case’s status:
- Convictions: file in the court where convicted.
- Dismissed charges or not-guilty verdict: file in that court (or superior court if initially filed in justice court).
- Arrests without charges or initial appearance: file in the superior court of the arrest county.
Arizona law requires the judge to wait 60 days (unless no objections arise) before granting or denying the petition and allows the court to do so without a hearing unless requested. The court notifies the Department of Public Safety and the prosecutor, who may respond or request a hearing; victims with post-conviction notification rights must also be informed.
If the petition is granted, the court issues an order sealing the records, and relevant agencies must mark them sealed. Once sealed, the individual may legally say in most contexts—such as job or housing applications—that they have never been arrested, charged, or convicted of that offense, with narrow exceptions (e.g. jobs requiring fingerprint clearance or involving vulnerable populations) .
Conclusion
We believe that Arizona’s A.R.S. § 13‑911 represents an important step toward allowing individuals to move forward unburdened by past cases that never resulted in conviction—or where the sentence was completed long ago. Nonetheless, the process requires careful navigation of timelines, jurisdictional rules, and limited exceptions. Our goal is to support clarity and empowerment in every step of your journey.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
