Does Record Sealing Remove Cases From Background Checks?

Why Should You Seal Your Criminal Record in Arizona?

For many years, we watched as individuals in Arizona were forced to carry the weight of a past mistake long after they had paid their debt to society. Whether it was a dismissed charge or a decade-old conviction, a simple background check could instantly end a job interview or a housing application. This created a permanent “second-class” status for thousands of our neighbors.

Everything changed on December 31, 2022. With the introduction of Arizona Revised Statute § 13-911, we finally have a mechanism to hide these records from the public. However, we often hear the same concern: “Does this actually work? Will this record disappear from my background check?”

We understand that you need certainty before investing your time and resources into a legal petition. We have written this guide to explain exactly how record sealing interacts with background checks and why this law is the most powerful tool currently available for your privacy.

Does Arizona’s record sealing law really hide my past?

We have seen firsthand how a sealed record changes a person’s life. When we successfully petition the court to seal your record, the judge issues an order that applies to the court itself, the Department of Public Safety (DPS), and the arresting agency. This order mandates that these entities hide your records from anyone who is not specifically authorized by law to see them.

Once this happens, the record is restricted from public access on court systems that background check companies commonly use, though previously collected data may still exist in private databases. We focus on ensuring that the “public” side of your history is cleaned, which is what matters most for 99% of the interactions you have in your daily life. It is important to remember that while the record is not physically destroyed, it is moved to a digital “vault” where it remains invisible to the general public.

How does record sealing affect employment background checks?

We know that the primary goal for most of our clients is to get back to work or move up in their careers. Most employers use private screening companies to run background checks. These companies rely on public court records to generate their reports. Because sealing restricts access at the source, most screening companies will no longer find the record in public databases, although some private companies may still retain older data.

Furthermore, the law specifically protects you during the application process. Once a sealing order is granted, you can generally state that you were not arrested or convicted of that crime, except in specific situations defined by law (such as certain government jobs, fingerprint clearance card applications, or when disclosure is otherwise legally required). This is a massive shift in your legal standing. Instead of explaining away a past mistake, you can simply move forward as if it never happened.

There are narrow exceptions for jobs in law enforcement or positions that require a high-level government security clearance. In those specific instances, the record may still be visible. However, for the vast majority of private-sector jobs, the record simply does not appear on the screen.

Can landlords still see my case after it is sealed?

The rental market is more competitive than ever, and we have spoken with many people who were denied housing because of an old misdemeanor. Landlords generally use the same types of background checks as employers. Since the court restricts these files from public view, a landlord’s search will typically not show the record, although some private databases may still contain previously collected information.

We believe that housing is a fundamental need, and record sealing is the best way to ensure your past does not dictate where you are allowed to live. When we finalize your sealing, you can approach rental applications with the confidence that your public record reflects who you are today, not who you were years ago.

Does record sealing work for dismissed cases?

It is a common misconception that a dismissal means the record is gone. We frequently explain to our clients that an arrest record exists the moment the handcuffs go on, and a court record exists the moment a charge is filed. Even if the prosecutor dropped the case or you were found not guilty, that “Dismissed” notation still shows up on background checks and can be a red flag for employers.

We use A.R.S. § 13-911 to seal these non-conviction records as well. This includes arrests that never led to charges and cases where you were acquitted. By sealing a dismissed case, the record is restricted from public view in government systems, reducing the likelihood that it will appear in standard background checks.

Who can still see my record after it is sealed?

We want you to have a clear and honest understanding of what record sealing does and doesn’t do. In Arizona, the record still exists in a highly restricted government database.

We advise our clients that law enforcement agencies, prosecutors, and the courts can still see sealed records. This is so they can check your history if you are arrested for a new offense or if you apply for a job within the justice system. Additionally, some professional licensing boards, such as those for doctors or teachers, may have the legal authority to view sealed records during their background investigations. For everyone else, landlords, neighbors, and standard employers, the record is hidden.

How long must I wait to seal my record?

We can’t file a petition the day your case ends. The law requires a waiting period to ensure that you have remained on the right path. This “clock” only starts once you have finished every requirement of your sentence. This includes completing probation, finishing any court-ordered classes, and paying every cent of your fines, fees, and restitution.

The waiting periods we look for are ten years for a Class 2 or 3 felony, five years for a Class 4, 5, or 6 felony, and three years for a Class 1 misdemeanor. If you are dealing with a Class 2 or 3 misdemeanor, the wait is only two years. We help you calculate these dates precisely because filing too early can lead to an automatic denial by the court.

Which offenses are not eligible for sealing?

While we wish we could help everyone seal their records, the legislature did include certain restrictions. Arizona law excludes certain offenses from sealing, including dangerous offenses, dangerous crimes against children, serious or violent felonies, offenses involving the use or discharge of a deadly weapon or serious physical injury, sex trafficking, and certain felony offenses listed in A.R.S. § 13-911. During our initial review, we determine exactly which of your records qualify so that we can focus our efforts on the cases that will provide the most benefit to your life.

Why should you choose us to handle your record sealing?

The petition process is more than just filling out a form. We have to navigate a complex system of court clerks, prosecutors, and state agencies. If a petition is drafted poorly or if we fail to prove that sealing your record is in the interest of public safety, the judge can deny the request. A denial often means you have to wait years before you can try again.

We take the burden of this paperwork off your shoulders. We verify that you have met all financial obligations and that your waiting periods are correctly calculated. We also anticipate and address any objections the prosecutor might raise. Our goal is to make this process as smooth as possible so that you can move forward with your life without the constant fear of a background check.

Conclusion

We believe that your past should not have the power to destroy your future. Arizona’s record sealing law is a powerful tool that allows us to help you reclaim your privacy and open doors that have been shut for years. By restricting your cases from public access in government systems, we significantly reduce their visibility in most background checks and help you move forward with greater privacy.

If you are tired of worrying about what an employer will see when they search your name, we are here to provide the clarity and action you need. We have the experience necessary to navigate the A.R.S. § 13-911 process and ensure your petition has the best possible chance of success.

Hire us at Future First Criminal Law to begin the process of sealing your records. We are ready to help you move into a future that is no longer defined by your past.

FAQ: Common Questions About Record Sealing

How is this different from a Set Aside?

A Set Aside vacates the conviction, but the record remains public with a note saying it was Set Aside. Record sealing restricts the record from public view in government systems, providing a higher level of privacy than a set aside, though it does not erase the record or guarantee removal from private databases.

Will this restore my right to own a firearm?

No. Record sealing is about privacy and background checks. If you need to restore your civil rights or your firearm rights, we must go through a separate legal process, usually involving a Set Aside.

Can I seal a record if I live outside of Arizona now?

Yes. As long as the arrest or conviction happened in Arizona, we can handle the petition for you regardless of where you currently live. You usually do not even need to appear in court.

What happens if I get a new charge after my record is sealed?

If you are convicted of a new crime, the court or the prosecutor can unseal your prior records for use in that new case. This is why we emphasize that sealing is a “second chance” that depends on your continued success.