For many people in Arizona, sealing a criminal record under A.R.S. § 13-911 represents a long-awaited turning point. It’s the legal equivalent of closing a chapter and opening the door to new opportunities, whether that means better jobs, safe housing, or finally feeling free from the weight of a past mistake. But even when a court grants a petition to seal a record, that relief doesn’t mean the record has vanished entirely. There are important exceptions written into Arizona law, and in practice, sealed records can still appear on certain background checks.
Sealing is a powerful tool, but it’s not foolproof. Understanding when and why a sealed record may still show up can help you better prepare for future opportunities, correct inaccurate background reports, and avoid surprises that could set you back.
What Sealing Actually Does And What It Doesn’t
When a record is sealed in Arizona, it becomes inaccessible to the general public. Government agencies are ordered to restrict access, which means most employers, landlords, and members of the public won’t be able to find the arrest or conviction through official background check systems. The law allows individuals to legally state that the event did not happen in most cases. This protection can be life-changing for people seeking a fresh start.
However, sealing is not the same as erasing a record. It doesn’t delete history, it restricts visibility. Certain people and organizations can still view a sealed case, and in some situations, the law actually requires disclosure, even after sealing is granted. These gaps are important to understand before relying on a sealed record to clear your name.
Who Can Still See a Sealed Record
The most significant limitation of sealing in Arizona is that not all audiences are blocked from viewing the record. Law enforcement, court officials, and certain state agencies retain full access to sealed information when performing their official duties. Judges, prosecutors, police officers, and departments such as Child Safety or Juvenile Corrections can still review sealed records if the information is considered relevant to an ongoing case, investigation, or administrative task.
Additionally, licensing boards and employers in sensitive industries may still require disclosure. These include fields that involve working with children, vulnerable adults, or handling financial matters. For example, if a sealed case involved theft or fraud, it might need to be disclosed when applying for a job in banking or accounting. Similarly, if a sealed record involves child abuse or assault, it must be disclosed when applying for positions in childcare or education. In most of these roles, background check exemptions are specifically outlined in state or federal law, making them legally binding regardless of sealing.
What this means in practice is that sealing removes a record from most public searches but not from critical areas involving safety, security, and trust. If you’re applying to a job or professional license where character and criminal history are evaluated under special rules, expect that a sealed record may still be visible.
Why Sealed Records Sometimes Still Appear on Background Checks
One of the most frustrating experiences for someone who’s successfully sealed their record is seeing it appear anyway. This often happens because of how background check systems work. Sealing in Arizona only applies to official government systems and it doesn’t reach private databases that may have captured the information before the record was sealed.
Many background check companies crawl data from public court websites or purchase it in bulk. If they accessed your case file before it was sealed, they might still have a copy sitting in their system. Once that information is sold or shared with another database, it can continue to circulate unless the company is notified and agrees to remove it. Unfortunately, the law does not currently require private companies to scrub their old data once a case is sealed. On the positive side, if they crawl your information after it is sealed and nothing shows up, it sometimes will remove your information from the private server to keep it as accurate as possible.
There’s also a processing delay between the time a judge grants sealing and when the changes are fully reflected in all government systems. Court clerks are responsible for preparing disposition records and sending them to DPS. During that time, often about two weeks to four weeks, the case remains “unsealed” in the system to allow for these final steps. If someone runs a background check during this window, they may still see the record.
In some cases, outdated government listings or clerical errors may also cause sealed records to remain accessible longer than they should. While rare, these situations underscore the importance of following up and confirming that all systems have been properly updated.
Federal Background Checks and Out-of-State Visibility
It’s also important to know that sealing is a state-level remedy. While Arizona agencies are bound by the court order, federal agencies are not. That means sealed records may still appear in federal background checks. This is especially relevant for anyone applying for a federal job, immigration relief, or certain national licenses. These agencies may rely on records from the FBI or national crime databases that don’t automatically reflect state-level sealing decisions.
If your sealed record is listed in a federal database, it may remain accessible unless the record is corrected at the source. Unfortunately, there is currently no streamlined process for removing sealed Arizona records from federal systems, making this a persistent gray area.
Similarly, if the offense happened in Arizona but your background is checked in another state, for example, for a job or housing application, the other state’s systems may still retrieve the unsealed data if they stored it earlier. This makes it even more important to understand where and how your record might appear. If you have the sealed order from the judge, typically just providing it to the background check company is enough to get them to update thier system and remove your record.
What You Can Do If Your Sealed Record Still Shows Up
If your sealed record continues to appear on background checks, you’re not powerless. The first step is to request a copy of your background report and determine the source of the information. In most cases, you’ll need to dispute the record with the background check company directly. Providing a certified copy of the court order granting the sealing often leads to a correction, though the process may take time.
It’s also wise to periodically check your own record. The Arizona Department of Public Safety allows individuals to run a fingerprint-based history report. This can help you confirm what state-level agencies show and ensure the sealing was processed correctly.
In situations where incorrect or outdated information is harming your job search, housing, or licensure, you may want to seek legal assistance. A knowledgeable attorney can help enforce your rights, send formal takedown requests, and escalate the issue if necessary.
Sealing Is Still Worth It Even With Limitations
Despite these exceptions, sealing remains one of the most powerful forms of record relief available in Arizona. The vast majority of employers and housing providers rely on standard background checks that pull from public court databases. Once a record is sealed, those databases are no longer able to return your information, offering a clean slate for most everyday purposes.
What’s more, sealing allows you to legally say the offense did not occur unless you’re applying in one of the few categories that require disclosure. For many people, this means less anxiety, more opportunity, and greater control over how the past affects the future.
If you’re considering sealing your record, or if you’ve already done so and want to make sure it’s being enforced correctly, it’s important to stay informed. Knowing your rights, your limitations, and the systems that interact with your record can make all the difference in making your second chance a meaningful one.
Zachary Divelbiss, Lawyer
Future First Criminal Law
