If you have a felony on your record in Arizona, you might feel like it’s something that follows you everywhere whether you’re applying for a job, trying to rent an apartment, or moving forward in your personal life. Thankfully, Arizona law offers a path toward a clean slate through record sealing, which can remove a felony record from public access.
While the process is not automatic and can feel overwhelming, working with a criminal attorney who understands Arizona’s sealing laws can make all the difference.
In this post, we’ll walk through the key steps to sealing a felony conviction in Arizona, who qualifies, what the benefits are, and what to expect when working with a legal professional on your side.
What Does It Mean to Seal a Felony Record in Arizona?
Under A.R.S. § 13-911, sealing a criminal record means that the public including employers, landlords, and background check companies can no longer see your arrest or conviction. For those eligible, this is a powerful form of relief that can help rebuild a future without the weight of past mistakes.
Sealing doesn’t erase the record entirely, but it does remove it from most government databases available to the public. Law enforcement, prosecutors, and certain agencies will still have access, but the general public will not.
This is not the same as expungement (which is reserved for certain marijuana offenses under A.R.S. § 36-2862), and it’s more comprehensive than simply setting aside a conviction. Sealing is permanent and gives you the right to legally say the incident never happened in most situations.
Who Is Eligible to Seal a Felony in Arizona?
Arizona law lays out specific eligibility rules, and not every felony conviction can be sealed. You may be eligible if:
- You were convicted of a felony and have completed all the terms of your sentence (including fines).
- The waiting period has passed since the sentence was completed.
As of now, the waiting periods are as follows:
- 10 years for a Class 2 or 3 felony
- 5 years for a Class 4, 5, or 6 felony
- If you have a prior felony on your record, an additional 5 years may apply to your wait time
It’s important to note that the clock starts ticking after your sentence is fully completed, which includes payment of all court-ordered fines. However, paying fines no longer counts toward the wait time itself, so the timeline begins only after probation or absolute discharge from DOC is complete.
If your felony case resulted in prison time and you were released without probation or fines, the wait period begins on the date of your absolute discharge.
Additionally, each case is now evaluated on its own, meaning one recent offense does not automatically delay the sealing of an older one. That’s a major change from previous interpretations and gives more flexibility to individuals with multiple cases
Felony Charges That Cannot Be Sealed
Certain serious or violent offenses are excluded from record sealing under Arizona law. A sealing petition will be denied if the case involved:
- Dangerous offenses under A.R.S. § 13-704
- Serious offenses under A.R.S. § 13-705
- Violent offenses under A.R.S. § 13-706
- The use or exhibition of a deadly weapon
- A victim under age 15 (though some exceptions may apply)
- Serious injury cases such as aggravated assault or manslaughter
- Sex-related offenses
If your felony falls into one of these categories, a different form of relief such as a Set Aside might be the better route.
How a Criminal Attorney Helps You Seal a Felony
Navigating Arizona’s legal system isn’t easy. A criminal defense lawyer who handles sealing petitions can help in several ways:
- Determine your eligibility based on the charge, sentencing, and timeline
- Gather case records and court documentation especially if the case is old or spread across multiple counties
- Draft and file the petition using the proper language and legal arguments
- Communicate with the prosecutor’s office and possibly gain their agreement, which can speed up the process
- Present mitigating factors to the judge, such as rehabilitation, employment history, or community involvement
- Prepare you for a hearing, if one is scheduled
While Arizona law does not guarantee approval, a skilled attorney can position your case in the best possible light. Judges have a great deal of discretion in these matters, and what you present in your petition matters.
What to Expect from the Sealing Process in Arizona
Filing a petition to seal a felony record involves more than just filling out a form. Here’s what the process generally looks like:
- Case Review and Record Retrieval
Before anything is filed, a thorough review of your criminal history is necessary. If you don’t know the full details of your case like the court name, police agency, or arrest date you can request a fingerprint-based background report from the Arizona Department of Public Safety at psp.azdps.gov. - Waiting Period Verification
Your eligibility will be checked against the waiting period rules. This includes confirming that all sentence conditions were met and that the required number of years has passed. - Drafting and Filing the Petition
The petition must be filed in the same court where the conviction happened. It includes arguments explaining why sealing is in your best interest and how it serves the public interest. - Review Period and DPS Report
Once submitted, the court must wait at least 60 days before ruling on your petition. During this time, the Department of Public Safety will prepare a criminal history report for the judge. - Hearing (If Needed)
Some cases may require a hearing. The judge will consider the victim’s opinion, the prosecutor’s input, and any evidence of rehabilitation. - Final Decision
If approved, the record will be sealed from public access. The court clerk must complete several administrative tasks before the record is officially sealed. This can add another two-weeks or more delay.- If denied, you must wait three additional years before applying again.
- If denied, you must wait three additional years before applying again.
Why Sealing Your Felony Record Matters
For many people, a felony conviction can feel like a permanent barrier to progress. Sealing your record offers a second chance legally, professionally, and personally. Once sealed:
- The public can no longer access your criminal record through court or police systems.
- You are no longer required to disclose your conviction in most job or housing applications.
- You can truthfully state that you have not been convicted of a crime (with a few exceptions for sensitive jobs).
While a sealed record does not erase the past entirely some law enforcement and certain agencies still have access and it can significantly reduce the impact of a conviction on your daily life.
One Case at a Time
Arizona’s updated laws now allow each case to be evaluated individually. That means even if you have multiple cases on your record, sealing one felony may still be possible, even if another more recent offense remains ineligible within the waiting period. This change reflects a broader shift toward giving people a meaningful opportunity for a fresh start.
Ready to Take the Next Step?
Getting a felony sealed in Arizona isn’t automatic but with the right help, it is absolutely possible. If you’re ready to move forward and find out what options are available in your specific situation, we encourage you to speak with someone who truly understands the process and how to advocate for your future.
You’ve carried this long enough. Let’s see what’s possible now.
Zachary Divelbiss, Lawyer
Future First Criminal Law
