What Crimes Cannot Be Sealed in Arizona?

Can You Truly Get a Fresh Start with Arizona’s New Sealing Law?

For decades, we saw how a single mistake in Arizona could haunt someone for the rest of their life. Arizona was notoriously difficult when it came to clearing criminal records. However, on January 1, 2023, everything changed with the enactment of A.R.S. § 13-911. We now have a powerful tool that allows us to petition the court to seal arrest and conviction records, effectively limiting public access to them. This means most employers, landlords, and others will no longer see your past mistakes during a background check.

While the new legislation is generous, it contains very specific exclusions. Certain crimes are considered too serious by the state to be sealed. We believe that honesty and clarity are the first steps toward your rehabilitation. In this guide, we will walk you through exactly which offenses remain ineligible and how we determine if you are eligible for a fresh start. If you’re tired of your past holding you back, we invite you to contact us to help navigate the complexities of your case.

What are the crimes that can never be sealed?

When the Arizona legislature drafted the record-sealing law, they prioritized what they deemed “public safety.” This created a category of crimes that are ineligible for sealing. If your conviction falls into one of these categories, we cannot ask a judge to seal it under § 13-911 because the law strictly forbids it.
These include:

• Dangerous offenses
• Dangerous crimes against children
• Serious offenses as defined in A.R.S. § 13-706
• Offenses involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument
• Offenses involving the intentional infliction of serious physical injury
• Sex trafficking
• Certain felony sexual offenses under Title 13

Eligibility depends on how the offense was charged and sentenced, so a case-by-case review is important.

Why does “dangerousness” matter for your record?

In our practice, we often have to explain that “dangerous” isn’t just a descriptive word, it’s a specific legal status. A prosecutor must prove this status at trial, or you must admit to it in a plea agreement for it to apply. We look closely at your original sentencing order to see if this “dangerous” designation was applied.

If it was, the law views the act as a serious public safety concern that is not eligible for sealing. Not every case involving a weapon is legally classified as dangerous, which is why reviewing your documents is critical.

Are there exceptions for records where you weren’t convicted?

We find that many people are surprised to learn that even if you weren’t convicted, an arrest record still exists. We can help you seal records related to arrests where charges were never filed, cases that were dismissed, or instances where you were found “not guilty” at trial.

For these “non-conviction” records, the list of ineligible offenses is much smaller. In many cases, if the state couldn’t prove the crime or chose not to pursue it, there is a higher likelihood of approval. However, we still have to go through the formal court process to ensure the Department of Public Safety (DPS) updates their systems correctly.

How does the waiting period affect your eligibility?

Even if your crime is technically eligible for sealing, we cannot file your petition the moment your case ends. We must ensure you have reached what the law calls an “Absolute Discharge.” This means you have completed every single requirement of your sentence. We verify that you have served all jail or prison time, finished every day of your probation or parole, and paid every dollar of fines, court fees, and victim restitution.

Once you are discharged, a mandatory waiting period begins. For a Class 2 or 3 Felony, we must wait 10 years. For Class 4, 5, or 6 Felonies, the wait is 5 years. Misdemeanors have shorter paths: 3 years for Class 1 and 2 years for Class 2 or 3. If you are convicted of another offense during this time, the clock may reset. Filing too early can result in a denial and additional waiting time.

Can a “Set Aside” help if you are not eligible for sealing?

It is easy to get “Sealing” and “Set Aside” confused, but they serve different purposes. While sealing limits public access to the record, a Set Aside (under ARS § 13-905) updates your record to show that you fulfilled all court requirements and the conviction has been set aside.

If a crime is ineligible for sealing, we may still be able to pursue a Set Aside. While this doesn’t hide the record from a background check, it can help demonstrate rehabilitation. A set aside does not automatically restore firearm rights in every case and may require a separate process.

What happens if a sealing petition is denied?

We take the filing process very seriously because the consequences of a mistake are significant. If a court denies a petition to seal your record, Arizona law typically prevents filing another petition for the same case for three years.

Denials often happen because of unpaid restitution, filing in the wrong jurisdiction, or incomplete applications. We focus on making sure everything is properly prepared before submission to avoid delays.

How do we start the process of sealing your record?

The process we follow is methodical. We begin by obtaining your official criminal history and sentencing documents. We then cross-reference your specific charges against the current version of A.R.S. § 13-911. We verify with the court clerks that your financial ledger is at a zero balance, as even a small unpaid fee can trigger a denial.

Once eligibility is confirmed, we draft a petition and file it in the appropriate court, whether that is a Municipal, Justice, or Superior court. We also handle required notifications to the state and any involved victims. If there are objections, the court may consider them along with your request.

Why should you choose to work with us?

We understand the weight a criminal record carries. It affects where you live, where you work, and how you feel about yourself. We focus on helping people move forward after completing their obligations to the court.

We provide a clear, flat-fee structure so you understand costs upfront. We aim to provide straightforward explanations so you know where you stand. Our experience with Arizona court systems helps us guide you through the process efficiently.

Conclusion

The Arizona record-sealing law provides a meaningful opportunity for people who have completed their sentence to move forward. While some offenses are not eligible, many individuals may qualify for relief.

Navigating the court system, calculating waiting periods, and ensuring all requirements are met can be overwhelming. We can guide you through the process and determine your eligibility.

If you are ready to take the next step, hire Future First Criminal Law today.

FAQ: Common Questions About Arizona Record Sealing

Does sealing a record mean it is completely deleted?

No, the record is not destroyed. It is “sealed,” meaning it is hidden from the general public. However, the record still exists in government databases. Law enforcement, the courts, and certain state agencies will still be able to see it.

Will I have to tell a job interviewer about a sealed conviction?

In most cases, the answer is no. According to the law, once a record is sealed, you can legally state that you have never been arrested or convicted of that crime, with some limited exceptions depending on the type of professional job or legal requirement.

Is there a limit to how many records we can seal?

There is no statutory limit on the number of eligible records that can be petitioned. However, separate petitions must be filed for each case in the appropriate court.

What if my conviction happened decades ago?

The law is retroactive. If the offense is eligible and all requirements have been completed, you may still apply regardless of how long ago the case occurred.