For immigrants in Arizona, a criminal record can feel like a heavy weight with no expiration date. Even a single conviction, whether a misdemeanor or felony, can have lasting consequences that go far beyond jail time or fines. It can threaten your ability to stay in the country, apply for a green card, renew a visa, or become a U.S. citizen. Understandably, many non-citizens wonder: if I seal my record under Arizona law, will it help with immigration?
Let’s take a closer look at how sealing a record works, what it actually does, and whether it can make a difference in immigration applications.
What Does It Mean to Seal a Criminal Record in Arizona?
Arizona law (A.R.S. § 13-911) allows people with criminal records to petition the court to seal their arrest, charge, or conviction which essentially locks the record from public view. This means most employers, landlords, and private background check companies will no longer be able to see it. For someone trying to rebuild their life, especially in a new country, this can be a huge step forward.
Sealing applies in several scenarios. You might be eligible if your case was dismissed, you completed a diversion program, or you were convicted and finished all sentence requirements such as jail time, probation, and paying fines. Once those requirements are completed, there’s a mandatory waiting period before you can apply. For lower-level misdemeanors, the wait can be as little as two years. For more serious felony cases, it can take five or even ten years, depending on the class of the felony and whether you have prior convictions.
The process isn’t automatic. A petition must be filed in court, and a judge will review a variety of factors such as your criminal history, the nature of the offense, how much time has passed, and whether sealing the record serves the best interests of the public and yourself.
Can Immigration Authorities Still See a Sealed Record?
This is one of the most important facts for immigrants to understand: sealing a record in Arizona does not make it disappear from federal agencies. USCIS, ICE, and other immigration-related bodies will still be able to view your full criminal history, even after your record is sealed.
Arizona’s sealing law makes the record inaccessible to the general public, but it specifically allows access for government agencies performing official duties. That includes judges, prosecutors, police, and immigration officials. In practical terms, this means that while your sealed record may no longer show up in a job background check or housing application, it can still come up during a green card renewal, asylum claim, or naturalization interview.
This reality makes it clear that sealing a record, while powerful, is not a shield from immigration consequences.
Does Sealing Still Help with Immigration?
Yes and no. Sealing doesn’t erase a conviction for immigration purposes. But that doesn’t mean it’s useless.
For one, sealing can significantly improve your quality of life while you’re in the U.S. It opens doors to better housing, job opportunities, and even access to financial aid or professional licensing, all of which help you demonstrate rehabilitation and stability. These are the types of factors that immigration officials do consider when evaluating whether someone is a positive contributor to the community. Even if your record is used against you, the fact that a judge approved your sealing petition speaks volumes. It signals rehabilitation, accountability, and legal affirmation that you’ve moved beyond your past.
It also sends a strong message. Sealing a record shows that you’ve taken steps to move forward, meet legal requirements, and stay out of further trouble. In certain immigration proceedings, especially those involving discretion, this kind of action may help strengthen your case. Attorneys may use the sealed status as part of a broader strategy to present you in the best possible light. While sealing doesn’t legally remove a conviction under federal immigration law, it can still play a role in how your character is perceived.
That said, if you are in removal proceedings, applying for DACA, or have a case with complex immigration implications, sealing a record without legal guidance could be risky. You should never file to seal a record without first speaking to an experienced immigration attorney who can look at the full picture.
What Types of Records Can Be Sealed?
Arizona law allows many types of cases to be sealed, including those that were dismissed, those resolved through diversion, and even some convictions—if the person meets eligibility criteria and has waited the required number of years. However, certain serious offenses are excluded from eligibility. These include crimes like murder, manslaughter, aggravated assault with serious injury, armed robbery, kidnapping, terrorism, and most sex crimes. Cases involving the use of a deadly weapon or crimes committed against victims under the age of 15 are also generally ineligible, although there are occasional exceptions depending on the circumstances.
If you don’t remember specific details about your case, such as the arrest date or court name, Arizona gives you the option to request a fingerprint-based criminal history report through the Arizona Department of Public Safety. This can help you gather the information needed to begin the sealing process.
What Happens After the Record Is Sealed?
Once a judge approves the petition, the case is marked as sealed in government databases. The Arizona Department of Public Safety updates the background record, and most public-facing systems no longer display the case. However, there is usually a short delay, about two weeks or more, between the court’s order and the sealing being reflected in all official systems. This is because the court must cancel outstanding financial obligations and submit updated information to the state.
After sealing, the public including landlords, employers, and background check companies can no longer view the record. However, as mentioned, immigration agencies and certain state and federal departments will still retain full access for official purposes.
Final Thoughts: Is Sealing Worth It for Immigrants?
Sealing a record won’t hide it from immigration officials, and it won’t erase a conviction for federal purposes. But that doesn’t mean it isn’t worthwhile.
For many immigrants, sealing is an empowering step. It can help rebuild a sense of stability and dignity. It can remove barriers to housing and work, two critical areas that immigration officers often look at when judging character and rehabilitation. It may not change how USCIS views the underlying offense, but it might help tell a better story about who you are today.
If you’re considering sealing your record and you’re not a U.S. citizen, take the time to speak with both a criminal and immigration attorney before filing. Together, they can help you understand the risks and benefits in your specific situation and build a plan that supports your long-term goals.
Sealing your record may not be the final solution but it can be a powerful step in the right direction.
Zachary Divelbiss, Lawyer
Future First Criminal Law
