Can Dismissed Charges Be Sealed in Arizona? Your Guide to A.R.S. § 13-911

Why do dismissed charges still show up on background checks?

It is a common and frustrating realization for many Arizonans: you win your case, the judge dismisses the charges, and you think you’re in the clear. Then, months later, you apply for a dream job or a new apartment, only to be rejected because of a “criminal record.”

In Arizona, a dismissal means you weren’t convicted, but it doesn’t mean the event never happened. The arrest record, the initial filing of the charge, and the court’s proceedings are all matters of public record. Unless you proactively petition the court to seal those records, they may remain accessible through court records and background check companies.

Fortunately, as of January 1, 2023, Arizona law (A.R.S. § 13-911) provides a clear path to hide these non-conviction records from public view.

What does it actually mean to “seal” a record in Arizona?

Sealing a record is not the same as “expungement,” though the terms are often used interchangeably. In Arizona, true expungement is currently limited to specific marijuana-related offenses. For everything else, including dismissed charges, we use “sealing.”

When a court grants a petition to seal under A.R.S. § 13-911, the record is removed from public access and no longer appears in standard background checks used by most employers and landlords. In most situations, you are legally allowed to state that you were not arrested or charged for the sealed case, with limited exceptions depending on the type of application. The Arizona Department of Public Safety (DPS) also updates its databases to reflect the sealed status, helping ensure that the record does not continue to surface through routine screening processes.

It’s important to note that the record still “exists.” Law enforcement, the courts, and certain licensing boards (like those for nursing or teaching) may still have access for specific purposes. However, for the vast majority of people, sealing provides the “clean slate” they need to move forward.

Are you eligible to seal your dismissed charges?

Eligibility to seal dismissed charges in Arizona is broader than many people expect. Under A.R.S. § 13-911, you may qualify if your charges were dismissed by a judge or prosecutor, if you were found not guilty at trial, or if you were arrested but no formal charges were ever filed. You may also be eligible if your case was dismissed after completing a diversion program, as long as all program requirements have been successfully fulfilled. While dismissed cases generally have shorter waiting periods than convictions, any pending criminal matters at the time of filing can still impact the outcome of your petition.

How does the record sealing process work?

Sealing a record is not an automatic process; it requires a formal petition to the court where your case was handled. Here is the general roadmap:

1. Determine the Correct Court: You must file the petition in the specific court that handled the dismissal (e.g., Maricopa County Superior Court or a local Justice Court).
2. Draft the Petition: This legal document must include your personal details, case numbers, and a statement explaining why sealing the record is in the interest of justice.
3. Notification: The court clerk notifies the prosecutor and the Department of Public Safety.
4. The Prosecutor’s Response: The court typically allows time for response and must wait at least 60 days before ruling. If they object, the court may schedule a hearing.
5. The Judge’s Decision: The judge will review the petition and any objections. If they determine that sealing the record serves public safety and your best interests, they will issue a Sealing Order.
6. Verification: Once the order is signed, it must be distributed to the relevant agencies to ensure your record is actually hidden.

What are the main benefits of sealing a non-conviction record?

Even without a conviction, a dismissed charge can carry an unfair stigma that impacts your opportunities. Sealing that record can significantly improve your ability to secure employment, as you no longer need to explain an old arrest to potential employers. It can also make a major difference in housing approvals, especially with landlords who apply strict screening policies regardless of case outcomes. Beyond these practical benefits, many people experience real peace of mind knowing that a routine background check will no longer bring up their past. Most importantly, sealing restores your privacy, allowing your personal history to remain your business rather than public record.

How is sealing different from a “Set Aside”?

If you’ve done research on Arizona law, you may have heard of a “Set Aside” (A.R.S. § 13-905). It is vital to understand the difference:

• Set Aside: This is for convictions. It vacates the judgment of guilt but leaves the record visible. It simply adds a note saying the conviction was “set aside.”
• Sealing: This is for arrests and charges. It hides the record entirely from public view.

For dismissed charges, sealing is almost always the superior option because it removes the record from the eyes of the public, whereas a set-aside conviction remains visible.

Can a petition to seal be denied?

Yes. A judge has the discretion to deny a petition if they feel that public safety outweighs your interest in privacy. Common reasons for denial include:

• Errors in the paperwork or filing in the wrong court.
• New criminal activity since the dismissal.
• The nature of the original charge (certain “dangerous” or high-level felony offenses have stricter rules).
• Failure to complete diversion program requirements.

This is why having an experienced criminal defense attorney is critical. A lawyer ensures the petition is drafted persuasively and represents you if a hearing is required.

Conclusion: Take Control of Your Reputation

A dismissed charge should be a closed chapter in your life, not a recurring nightmare. While Arizona’s new laws offer a path to redemption, the process is technical and requires precision. Don’t let a “dismissed” charge continue to haunt your background checks and limit your potential.

If you are ready to clear your name and seal your records, the team at Future First Criminal Law is here to help. We understand the nuances of A.R.S. § 13-911 and will fight to ensure your petition is handled correctly from start to finish.

Hire Future First Criminal Law today and take the first step toward a clean slate.

Frequently Asked Questions (FAQ)

Q: How long does it take to seal a record in Arizona?

A: Once the petition is filed, it often takes several months depending on the case and court schedule. The court must allow time for the prosecutor to review the request and for DPS to provide a background report to the judge.

Q: Do I have to go to court for a record sealing hearing?

A: Not always. If the prosecutor does not object, many judges will sign the order without a hearing. However, if there is an objection, you or your attorney will need to appear to argue why the record should be sealed.

Q: Can I seal multiple dismissed cases at once?

A: You can seek to seal multiple cases, but a separate petition must be filed for each individual case number, especially if they occurred in different courts or at different times.