Completing a diversion program in Arizona often marks a turning point: the charges might be dismissed, you’ve fulfilled your requirements, and you’re ready to move forward. But you may still be wondering: Does diversion leave a mark on your record? Can you seal it? The good news is: in almost every case under Arizona law you may be eligible to file a petition to seal your criminal records. At Future First we do this everyday for our clients as this is a new process and absolutely must be done to fully remove your criminal record, even on diversion cases.
What “Diversion” Means in Arizona Criminal Law
In Arizona, “diversion” refers to programs (often called “deferred prosecution,” “pre‑trial diversion,” “suspended prosecution,” Rule 38, etc.) where the prosecutor agrees to delay or suspend prosecution in exchange for the defendant completing certain conditions, such as community service, counseling, restitution, and/or supervision. Once those terms are satisfied, the charges may be dismissed or prosecution may not be pursued, meaning you avoid a formal conviction. However, the arrest and charge history will still be present in court or law‑enforcement records and will appear in background checks unless you seal your record.
Because diversion eligibility and structure vary by county, depending on the prosecutor’s policies, nature of the offense, your criminal history, and other factors, it’s important to review your specific case.
Can You Seal Your Record After Completing Diversion?
Changes in Arizona Law
Effective January 1, 2023, Arizona amended its laws via § 13‑911 to significantly expand the ability to seal records of arrests, charges, and some convictions.
Eligibility After Diversion
If you entered and completed diversion and the case was dismissed (or no prosecution was pursued), you may now be eligible in many cases to file a petition to seal those records under § 13‑911. For more on sealing dismissed charges or arrest-only cases, see our in‑depth article “Dismissed Charges and Arrests: Can They Be Sealed in Arizona?”.
Waiting Periods & Limitations
If your case involved a plea and sentencing, rather than a dismissal, you may be subject to the waiting periods for sealing a conviction under §13‑911(E). Requiring you to complete all non‑monetary sentence conditions, pay all fines/fees/restitution, and wait the applicable period before the petition:
- 2 years for a class 2 or class 3 misdemeanor
- 3 years for a class 1 misdemeanor
- 5 years for a class 4, class 5 or class 6 felony
- 10 years for a class 2 or class 3 felony
There are also ineligible offenses, such as “dangerous offenses,” certain sexual offenses, and felonies involving deadly weapons (see § 13‑911(O)).
If your case resulted only in a dismissed charge (no conviction), you may be eligible to petition sooner (sometimes immediately) under § 13‑911(C) without the full waiting period. It’s important to distinguish whether you have a conviction or a dismissal.
Why Sealing Matters Beyond Just “Cleaning Up” Your Record
Sealing your records under § 13‑911 is more than cosmetic, it removes many legal barriers. Once a petition is granted, for most employment, housing or loan‑application contexts you may state you have never been arrested, charged with or convicted of the offense.
However, sealing does not erase the record entirely: law‑enforcement agencies, courts, certain licensing or governmental entities may still access sealed records under defined circumstances. Because of this, while sealing is powerful, you may still need to review related relief options if your goals involve professional licensing, federal employment, or firearm rights.
How the Sealing Process Works
Step‑by‑Step
- Gather documentation – Collect your arrest/charge data, court file, verify diversion completion (or sentence completion), check restitution/fines/fees.
- Determine eligibility – Assess whether your case qualifies under § 13‑911 (or other relief such as a set‑aside under ARS 13‑905), identify applicable waiting period (or immediate eligibility for dismissals), and check for disqualifying offenses.
- File the petition – Prepare the correct forms in the appropriate court (depending on your case type) and send required notices to the prosecutor and any victims with rights.
- Monitor waiting period/hearing – If no objection is filed and no hearing is requested, the court may consider your petition after the statutory waiting period (for example 60 days in some cases).
- Order granted – If granted, your records are sealed. You then have the right, in most contexts, to represent that you have never been arrested, charged or convicted of the offense.
- Follow‑up – Make sure the court order is sent to relevant agencies (for example the Arizona Department of Public Safety) so your sealed record is correctly marked and background‑check firms update their information.
Why Choose Our Firm
At Future First in Arizona, our focus is exclusively on post‑conviction relief and record‑clearing. We offer personalized strategy, transparent pricing, and direct access to attorneys experienced in Arizona record‑sealing law.
What You Should Do Right Now if You Completed Diversion
Start by reviewing your file, even if you’re unsure whether you qualify, a consultation can clarify your position. If you’ve completed the diversion program and the case was dismissed (or no prosecution), you may already be eligible to petition.
Book a consultation with us as soon as possible, time matters in these cases. And consider whether other relief paths (for example a set‑aside under ARS 13‑905) may apply depending on your long‑term goals.
Frequently Asked Questions
Does diversion count as a conviction?
No, if you complete diversion successfully and the case is dismissed (or not prosecuted), you generally do not have a formal conviction. However, the arrest and charge will still appear on your record unless you petition to seal.
How long must I wait to seal after diversion?
If your matter was dismissed with no conviction, you may petition soon, sometimes immediately, under § 13‑911(C). There may be some strategic reasons why you might delay filing for a little time that our lawyers are trained to identify. If you received a conviction, the waiting period under § 13‑911(E) applies (2‑10 years depending on classification).
Are there offenses that cannot be sealed?
Yes. Under § 13‑911(O), certain serious offenses, such as dangerous crimes, certain sex offenses, felonies involving deadly weapons, are ineligible for sealing. These type of cases are usually not eligible for diversion either.
Take the Next Step Toward a Fresh Start
Completing diversion is a strong first step. If you’re ready to move beyond past charges and reduce their impact on your future, taking action to seal your record may be the next step. If you’re ready to explore your eligibility, reach out today to schedule a consultation with Future First and begin the process. Don’t let time delay your fresh start.
Zachary Divelbiss, Lawyer
Future First Criminal Law
