Understanding What Record Sealing Really Means in Arizona
For years, Arizona offered limited post-conviction relief for people with criminal records. The only available remedy was a “set aside,” which didn’t remove the record from public view—it simply marked the conviction as legally set aside. That changed with the passage of Arizona Revised Statutes § 13-911, which went into effect on December 31, 2022. This law allows eligible individuals to petition the court to seal certain criminal records, giving them a real opportunity to move forward without their past appearing in public record searches.
But here’s the real question: Do sealed records still appear in a background check in Arizona? The short answer is: sometimes—but it depends on who’s running the check, the kind of report being used, and where the data comes from.
Let’s break it down.
What Does Record Sealing Mean in Practice?
When a record is sealed under ARS § 13-911, it is removed from public access. That means it won’t appear in most background checks run by employers, landlords, or the general public. In most situations, you are legally allowed to say that the offense never occurred—unless a specific law requires you to disclose it.
This is very different from a “set aside” under ARS § 13-905, which updates the case status but does not remove it from view. Sealing offers significantly more privacy and protection.
Once a sealing order is granted, the record is no longer visible to:
- Private employers
- Landlords
- Most professional licensing agencies
- The general public
However, sealed records can still be accessed by the courts, law enforcement, and certain government agencies—especially those involved in fingerprint clearance, public safety, or national security.
Do Sealed Records Appear in Basic Background Checks?
For most routine background checks—like those used by retail employers, apartment complexes, or volunteer organizations—sealed records will not appear. These checks rely on Arizona’s public court databases, which no longer display sealed information.
That means in most everyday scenarios, your sealed record should not come up.
The Problem with Third-Party Background Check Companies
Private background check companies, also known as consumer reporting agencies, often purchase large sets of public records. The problem is, many of them don’t refresh their databases often—or at all. Even after your record is sealed by the court, these companies might continue reporting outdated information.
Some may only update quarterly or less. Others might not remove the record unless they receive a specific request or notice. This means a sealed record could still appear in a private background check unless corrected.
Under the Fair Credit Reporting Act (FCRA), you have the right to dispute incorrect or outdated information on a background report. To do so, you’ll need to provide documentation—such as your court’s sealing order—and request that the information be removed.
What About FBI and Federal Background Checks?
Sealing a record in Arizona only applies to state-level public records. It does not automatically update federal systems such as the FBI’s National Crime Information Center (NCIC). If you’re applying for a job that requires:
- A federal security clearance
- Law enforcement employment
- Work with a government contractor
- Positions involving vulnerable populations
- Immigration benefits or U.S. citizenship
Then your background check may include fingerprinting and access to federal databases that could still list your original record—even if it’s sealed in Arizona.
The state courts do not automatically notify the FBI or federal agencies about sealing. In these cases, you may need to take further steps to update your record at the federal level, such as filing a request under the Freedom of Information Act (FOIA) or seeking correction through the Department of Justice.
Licensing Boards and Sealed Records
Some licensing boards in Arizona and other states—such as those for medical professionals, lawyers, real estate agents, or financial advisors—may still have the legal authority to request and consider sealed records.
Generally, once a record is sealed, you are allowed to say the offense never happened—unless you are applying to:
- Law enforcement agencies
- Licensing boards with statutory access to sealed records
- Employers requiring fingerprint clearance under state law
- Agencies conducting national security investigations
Always read the application carefully. If it asks whether you’ve ever been “charged,” “arrested,” or “convicted,” and your record has been sealed, you’re typically allowed to answer “no.” If you’re unsure, speak with an attorney to avoid accidental misrepresentation.
Common Reasons Sealed Records Still Show Up
Even after a record is legally sealed, there are some scenarios where that history might still appear:
- Third-party background check companies haven’t updated their systems
- Old copies of background reports are still in circulation
- Federal databases retain pre-sealed data
- Technical errors occurred during the sealing process
- Not all associated documents (like arrest records) were sealed together
To confirm whether your record is truly sealed across all systems, it’s smart to run a background check on yourself. You can search Arizona’s court records and use private screening tools to see what others may find.
How to Protect Yourself After Record Sealing
Once your record is sealed, you should still take these extra steps:
- Keep a certified copy of your sealing order for your records
- Run your own background check through background check services
- Notify third-party background check companies if your record still shows
- Monitor your online presence for outdated arrest or case information
- Consult a lawyer if your sealed record causes ongoing issues
A Clean Record Is Possible—But It Takes Follow-Through
Arizona’s sealing law gives people a powerful second chance—but keeping your record out of sight isn’t automatic. Federal agencies, outdated private databases, or technical oversights can still bring your past to light if you’re not careful.
If you want to move forward—whether that’s applying for a job, a license, or housing—make sure your sealed record is fully enforced. With the right support, your past doesn’t have to follow you forever.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
