Having a criminal record in Arizona can create serious and lasting barriers from applying for jobs and housing to regaining a sense of safety and personal freedom. For many people, the ability to seal a criminal record offers more than privacy, it’s a chance to finally breathe freely and move forward without judgment. But when it comes to gun rights, sealing doesn’t always offer the clarity or relief people hope for.
Arizona law allows individuals to petition the court to seal criminal records under A.R.S. § 13-911. This law is designed to limit public access to certain records, whether the person was convicted, had charges dismissed, completed a diversion program, or was arrested but never formally charged. However, sealing a record does not guarantee the restoration of firearm rights and in some cases, those rights remain permanently restricted.
Understanding what sealing actually does, who qualifies, and how it affects gun ownership is essential for anyone trying to put their past behind them and regain full access to their rights.
What It Means to Seal a Record in Arizona
Sealing a record under Arizona law is different from erasing it. When a record is sealed, it becomes inaccessible to the public, including most employers, landlords, and background check agencies. In practical terms, this means that a person no longer has to disclose that history on most applications, and it will not appear on standard background searches.
The record still exists but only a limited group of government agencies and entities can access it. This includes judges, prosecutors, law enforcement, the Department of Child Safety, and a few others when it’s relevant to their official duties. Sealing protects a person’s privacy but does not “delete” the record from every system or undo the fact that the event happened. For those who were never convicted, or whose charges were dismissed, sealing can restore dignity and reduce the long shadow of an arrest that never led to guilt.
When someone has a criminal conviction, the sealing law allows for relief if they meet certain conditions, most notably, a required waiting period that starts after all terms of the sentence are completed. That includes jail or probation. The full payment of any court-ordered fines must be complete before you apply but fines to not count toward the waiting period.
How Gun Rights Are (and Aren’t) Affected by Sealing
This is one of the most misunderstood aspects of Arizona’s sealing law. While sealing can transform how the public sees someone’s record, it does not automatically restore the right to possess a firearm.
Arizona law does not include firearm rights restoration within the scope of A.R.S. § 13-911. A person may successfully seal a conviction and still be legally prohibited, under both Arizona and federal law, from owning or using a gun. This is especially true in cases involving certain types of offenses.
Offenses that involve violence, the use of a deadly weapon, or serious injury often result in permanent or long-term restrictions on gun rights. Even when a judge grants a petition to seal the record, those firearm limitations can remain in place.
Federal law also plays a role. Under the Federal Gun Control Act, individuals with certain convictions, including domestic violence offenses and felonies involving firearms are barred from possessing firearms, regardless of whether their record is sealed at the state level. Unless a separate process is used to restore civil rights, sealing alone is unlikely to lift those federal restrictions.
In short, sealing a record in Arizona changes who can see the past but it does not necessarily change the legal consequences of that past.
Who Can Qualify to Seal Their Record?
Sealing eligibility depends on several factors, including the type of offense, the outcome of the case, and how much time has passed since the sentence was fully completed. Arizona’s statute lays out detailed criteria for who can apply, and when.
Here’s a simplified breakdown of eligibility based on the type of offense:
- Class 2 or 3 felony: 10-year wait
- Class 4, 5, or 6 felony: 5-year wait
- Class 1 misdemeanor: 3-year wait
- Class 2 or 3 misdemeanor: 2-year wait
- If a prior sealing request was denied: 3 additional years before reapplying
The clock begins only after all parts of the sentence are completed, which usually includes payment of fines. If the person was sent to prison, the time starts after their absolute discharge — not after they leave custody.
Even if the timelines are met, not every offense is eligible. Arizona law specifically excludes cases involving serious violent crimes, offenses with a weapon or deadly instrument, and many sex-related crimes. If the charge was designated as “dangerous,” or if a deadly weapon was used or displayed, sealing is not permitted under the statute.
What Sealing Can and Can’t Do
The benefits of sealing are significant, especially for employment, housing, and educational opportunities. For many people, the ability to legally say, “I have no criminal record” is life-changing. But it’s important to understand the limits of what sealing can accomplish.
Here’s what sealing can do:
- Block public access to criminal records for life
- Prevent most private employers and landlords from seeing past arrests or convictions
- Eliminate the need to disclose sealed records on most applications
- Provide a legal shield from many forms of discrimination
Here’s what it can’t do:
- Restore gun rights
- Delete the record from government databases used by law enforcement, courts, or licensing agencies
- Remove prior offenses from consideration in future criminal cases
- Automatically clear data stored by private background check companies if they already saved the information
- Erase records from the MVD (motor vehicle) system or insurance databases
- Guarantee eligibility for fingerprint clearance cards (but sealing does help you get approved!)
While sealing is one of the strongest forms of relief Arizona offers, it is still limited by the facts of the original case and the way both state and federal laws treat certain crimes.
The Court’s Role in the Approval Process
Sealing is not automatic. A person must file a petition and go through a formal approval process. The court has wide discretion and is required to weigh both public safety and the petitioner’s interest in sealing their record.
In every case, the judge must wait at least 60 days before making a final decision. During that time, the Department of Public Safety is required to provide a full criminal history report. If the prosecutor opposes the petition, or if there’s a victim who wants to be heard, the court may hold a hearing. In some situations, if the prosecutor agrees not to object, the process may move more quickly but approval still isn’t guaranteed.
Judges consider many factors, including how the offense occurred, how much time has passed, whether the petitioner has had any new charges, and how sealing the record would impact their future. If a request is denied, the law requires the petitioner to wait three full years before applying again.
Because judges have such broad authority to approve or deny, it’s essential to present a strong case with details that show rehabilitation, community involvement, and a clear benefit to sealing the record. The more time that has passed without new offenses, the stronger the petition tends to be.
Moving Forward with Clarity and Confidence
Sealing a criminal record in Arizona can open doors that have long been closed. It provides a real and lasting opportunity to stop being defined by a single mistake, and to regain control over one’s story. But sealing does not restore every right, especially the right to possess a firearm.
For those seeking to restore gun rights, additional legal steps beyond sealing are often required. That may involve a separate petition or alternative relief, depending on the case. Understanding these distinctions from the start helps set realistic expectations and ensures that the right process is used for the right goal.
We’ve seen how powerful sealing can be for someone trying to rebuild their life. It creates access, dignity, and relief even if it doesn’t do everything. If the past is holding you back, and you’re ready to move forward, it may be time to explore whether sealing is the path you’ve been waiting for.
Zachary Divelbiss, Lawyer
Future First Criminal Law
