The Types of Criminal Records You Can and Can’t Seal in Arizona

When someone reaches out to us about cleaning up their criminal record, one of the first things we determine is what type of relief they might qualify for. Arizona offers different legal remedies depending on the outcome of your case, the seriousness of the charge, and how much time has passed. One of the most powerful options available is petitioning to seal your criminal record under A.R.S. § 13-911—but eligibility is limited, and not every type of record can be sealed.

Understanding what can and can’t be sealed is essential for anyone trying to move forward from past charges.

What Does It Mean to Seal a Criminal Record?

Sealing a record in Arizona is not the same as expungement, which removes the record entirely. Arizona doesn’t offer traditional expungement except in very limited cannabis-related cases. But sealing provides substantial protection.

Once a record is sealed under A.R.S. § 13-911, it is no longer accessible to the general public, including most employers, landlords, and background check companies. You can also legally state that the arrest or conviction did not occur in many circumstances, such as applying for jobs or housing. However, sealed records remain accessible to certain government agencies, and sealing does not erase digital footprints like online news articles or social media mentions.

Who Can Qualify to Seal a Criminal Record in Arizona?

Eligibility to seal a record depends heavily on how the case ended and how much time has passed. Here’s a breakdown of eligible situations:

• You were arrested but never charged
• Your case was dismissed
• You were acquitted at trial
• You were convicted but have completed all sentencing requirements, and a waiting period has passed

Each of these has a different waiting period before you can petition to seal:

• 0 years for arrest-only cases or dismissals (no waiting period)
• 2 years for a class 2 or 3 misdemeanor conviction
• 3 years for a class 1 misdemeanor conviction
• 5 years for a class 4, 5, or 6 felony conviction
• 10 years for a class 2 or 3 felony conviction

In all cases, the court will look at the petitioner’s behavior since the case ended. Factors like new arrests, probation violations, and unpaid fines can affect the outcome.

What Criminal Records Cannot Be Sealed?

Some types of cases are automatically excluded from eligibility, no matter how much time has passed. The law specifically does not allow sealing for:

• Class 1 felonies
• Legally classified “violent” or “dangerous” offenses
• Offenses requiring sex offender registration
• Crimes involving deadly weapons or serious physical injury
• Offenses where the victim was under 15 years old

Because these are often considered serious threats to public safety, the law intentionally keeps them accessible to employers, law enforcement, and licensing boards.

What Happens After You File to Seal a Record?

Filing a petition to seal a record is a formal legal process. It involves preparing and submitting paperwork to the court where the case was handled. Once filed, the prosecutor’s office has the right to object. If an objection is filed, the court may schedule a hearing.

At the hearing, both sides can present arguments. The judge is required to consider several factors, including:

• The nature and circumstances of the offense
• Your behavior since the case ended
• Any victim input (especially in cases involving harm or loss)
• Whether sealing is in the best interests of justice

Ultimately, it’s up to the judge. Even if you meet all the eligibility requirements, sealing is not guaranteed. The judge has broad discretion to approve or deny the petition.

Why Sealing Matters

A criminal record can shadow someone for decades—even after they’ve served their sentence, paid their dues, and stayed out of trouble. It can hurt job opportunities, housing applications, education goals, and more. Sealing can offer a meaningful second chance, allowing people to move forward without old mistakes following them at every turn.

For many people, this is about more than just paperwork. It’s about restoring dignity and hope. That’s why our role is to help clients understand their options clearly and pursue the best possible path.

If you’re unsure whether you’re eligible to seal a criminal record in Arizona, reviewing your case details is the first step. Eligibility often turns on small distinctions in how your case was resolved or classified. We’re here to guide you through that.

Zachary Divelbiss, Lawyer
Future First Criminal Law