For many people with a past conviction, sealing a criminal record isn’t just about moving on, it’s about building a future, especially when children are involved. Arizona law now gives individuals the opportunity to seal certain criminal records, offering privacy and protection from the long-term consequences of a conviction. But for those involved in custody disputes or other family court matters, the stakes can feel even higher.
In child custody cases, family law judges are required to evaluate the “best interests of the child,” which includes assessing each parent’s character, stability, and overall fitness to care for their child. A criminal record, no matter how old, can easily become a point of concern. However, under Arizona Revised Statutes § 13-911, sealing a record can limit the extent to which that past affects your current and future role as a parent. While no legal relief can erase history entirely, sealing a record can be a powerful tool in protecting your parental rights and preserving your standing in family court.
What It Means to Seal a Record in Arizona
Sealing a criminal record under A.R.S. § 13-911 involves formally petitioning the court to restrict public access to a past arrest, charge, or conviction. The process is only available to individuals who have completed all sentence requirements, including payment of fines and any probation or incarceration. Once those terms are fulfilled, a waiting period applies, depending on the severity of the offense. For example, someone with a class 1 misdemeanor must wait three years before applying, while someone with a class 4, 5, or 6 felony must wait five years. For class 2 or 3 felonies, the wait time is ten years.
Once a judge grants the petition, the record becomes sealed for life. This means members of the public, most employers, landlords, and private background check companies can no longer view it through state systems. However, the record remains accessible to certain entities like courts, law enforcement, prosecutors, and agencies such as the Department of Child Safety if needed for professional duties. Although sealing a record doesn’t erase the past, it does legally restore a significant degree of privacy and dignity to the person moving forward.
The Difference Between a Sealed Record and a Set Aside and Why It Matters in Family Court
Arizona offers two types of post-conviction relief that are often confused: setting aside a conviction and sealing a record. Though both provide legal benefits, they have different implications when it comes to family court.
A “set aside” under A.R.S. § 13-905 effectively nullifies the legal judgment of guilt. The individual is released from penalties and disabilities associated with the conviction, and the record reflects that the case was set aside. While this can help with things like employment and housing, the record itself still exists and remains publicly viewable. For example, if an opposing party in a custody case conducts a background check, they will still see the conviction and the fact that it was set aside.
By contrast, sealing a record removes public access to the record altogether. This can be extremely impactful in custody disputes. While judges and legal professionals can still access sealed records in certain contexts, the opposing party in a custody battle may no longer have the ability to introduce the record as evidence unless the court deems it relevant. That subtle but powerful shift can prevent a parent’s past from being used against them unfairly in high-stakes custody or visitation hearings.
How Sealed Records Influence Custody and Visitation Decisions
In Arizona, family court judges are legally bound to prioritize the best interests of the child. They consider multiple factors in making decisions about custody, parenting time, and legal decision-making rights. These include the emotional and physical health of the parents, the stability of each home environment, and whether there is any history of domestic violence, substance abuse, or criminal conduct.
An open or easily accessible criminal conviction especially for a violent, drug-related, or endangerment offense can influence how the court perceives a parent’s fitness. Even if the conviction is unrelated to parenting, it may be used by the opposing side to question credibility, reliability, or safety. Sealing the record helps reduce this exposure.
When a judge sees that a record has been sealed, it serves as an indication that the person has completed all their obligations and that the justice system has recognized their rehabilitation. It shows a willingness to take legal steps to address the past and move toward a better future, qualities that are highly relevant in custody disputes. While judges can still access the sealed record if necessary, they are more likely to view the situation holistically rather than allowing a single past mistake to dominate the narrative.
The Long-Term Advantages of Sealing Your Record in Family Law Matters
Sealing a record not only limits public access but also demonstrates personal growth. In family court, this can strengthen your position by showing that you’ve taken meaningful steps to improve your life and protect your relationship with your children.
Custody battles can be contentious. It’s not uncommon for one party to try to use a past conviction to undermine the other. If the record is sealed, it can’t be used as a public tool or entered into court by the opposing party without judicial review. This reduces the risk of character attacks based on years-old charges that no longer reflect who you are today.
In addition, sealing the record removes many barriers that impact parents on a day-to-day level. For example, you may no longer have to explain your past when applying for housing in a neighborhood close to your child’s school, or worry that a background check might affect your ability to volunteer at school events or participate in parenting activities.
The sealing process also signals to the court that you are invested in long-term stability not just for yourself, but for your children. In contested custody matters, where every detail counts, this type of legal action can positively influence how a judge assesses your credibility, preparedness, and intent.
What a Sealed Record Does Not Do in Family Court
Despite the strong protections sealing offers, it’s important to understand its limitations. Judges, prosecutors, law enforcement, and certain government agencies still have access to sealed records. In a family court context, this means a judge can unseal and review the sealed file if they believe it is relevant to the case, especially if the charges involved domestic violence, child endangerment, or abuse.
Additionally, sealing a record does not:
- Automatically erase the conviction from government databases accessible to law enforcement.
- Remove news articles or private web content that may mention the incident.
- Restore firearm rights (this requires a separate Set Aside legal process).
- Guarantee a favorable custody outcome.
In certain professions, such as those involving children, vulnerable adults, or sensitive financial roles, state or federal law may still require disclosure of sealed convictions. However, for most family law matters, sealing a record removes the public version of your past from the conversation and limits how others can access and use it.
The Sealing Process and What to Expect
Applying to seal a record in Arizona involves more than just filling out a form. The process begins with a petition filed in the court where the original case occurred. The judge has discretion to approve or deny the request, and approval is not guaranteed. Factors the court will consider include your conduct since the conviction, the risk (if any) to public safety, and whether sealing is in your best interest.
In some cases, prosecutors or victims may be notified and allowed to express their views. However, the prosecutor cannot block the sealing directly; their role is limited to providing input. The judge must wait at least 60 days before making a decision, and the process can often take several months depending on the case and whether the Department of Public Safety needs to prepare a report.
Once the judge grants the order, there may still be a delay before the record is officially sealed in all systems. According to internal guidance from Arizona court officials, tasks like canceling court-ordered obligations and updating the disposition with DPS can result in a two-week delay before the record is fully sealed across all platforms.
If a petition is denied, Arizona law requires you to wait an additional three years before applying again.
Final Thoughts
Sealing a criminal record in Arizona is a powerful form of legal relief that can open new doors. For parents, it’s more than just a clean slate, it’s an act of protection. In family court, where your relationship with your child may be at stake, removing access to damaging public records can help shift the focus toward your current stability, your growth, and your commitment to being a responsible parent.
Although sealing doesn’t eliminate every consequence of a criminal past, it significantly changes how that past is viewed both by the public and, potentially, by a family court judge. If you’re considering sealing your record and also facing a custody or visitation issue, it’s essential to have experienced guidance to ensure your legal steps are aligned with your parenting goals.
Zachary Divelbiss, Lawyer
Future First Criminal Law
