When someone is ready to put the past behind them, one of the most common questions they ask is whether their criminal record qualifies for sealing under Arizona law. The answer depends on several factors, including how the case ended, how much time has passed, and what type of crime was involved. Thankfully, Arizona’s A.R.S. § 13-911 offers one of the most comprehensive opportunities in the country to remove and seal past criminal records, not just for convictions, but also for arrests and dismissed charges.
Understanding what records qualify under this law is the first critical step. Whether someone was arrested but never charged, completed a diversion program, or was convicted and served their sentence, A.R.S. § 13-911 creates real possibilities for a second chance.
Not Just for Convictions: What Kinds of Records Can Be Sealed?
Unlike many record-clearing laws that focus solely on convictions, Arizona’s sealing statute allows for a much broader range of eligibility. Individuals who were arrested but never charged, or who had their cases dismissed, even through diversion, can apply to have those records sealed from public access. This makes it one of the most inclusive laws of its kind in the country.
For example, if someone was arrested but charges were never filed, and enough time has passed since the incident, that record may qualify for sealing. This includes situations where the case was dropped before filing, or when the statute of limitations expired without formal charges. A dismissal resulting from a diversion program, such as completing drug education or Defensive Driving School in criminal speeding cases, also qualifies, even though no conviction occurred.
Convictions can also be sealed but they require a bit more from the applicant. The person must have completed all the terms of their sentence, including paying fines and fulfilling probation, and then wait for a specific period based on the severity of the offense. For example, class 2 and 3 felonies require a ten-year wait, while class 4, 5, and 6 felonies require five years. Class 1 misdemeanors come with a three-year wait, and less serious misdemeanors may only require two years. These timelines begin once the final terms of the sentence are fully satisfied, not from the date of conviction.
Limits to Eligibility: Cases That Cannot Be Sealed
Although the law provides a powerful opportunity for relief, not all records qualify. Arizona has carved out specific categories of cases that are ineligible, mostly involving violent, dangerous, or serious offenses. These restrictions are in place to protect public safety, and courts tend to strictly interpret them.
Civil matters are automatically excluded, as they are not criminal in nature. More significantly, cases involving dangerous offenses as defined under Arizona’s law are not eligible. This includes many serious crimes like murder, manslaughter, aggravated assault with serious injury or use of a weapon, arson of occupied structures, kidnapping, and armed robbery. Charges tied to gang activity or terrorism also fall under this category, as do crimes involving victims under the age of fifteen, which commonly appear in domestic violence cases.
Additionally, cases that involved the use or threatened use of a deadly weapon are generally not eligible for sealing. That said, there may be room for interpretation in cases involving simple possession of a weapon. Each case must be examined closely to determine whether it meets the criteria outlined by the law.
Juvenile cases are handled differently. In most instances, juvenile records are automatically sealed once probation is completed. However, these cases don’t go through the A.R.S. § 13-911 process and are subject to separate rules.
Sealing a Record vs. Setting Aside a Conviction
Many people assume that setting aside a conviction and sealing a record are the same thing. They’re not. In fact, the differences are significant and can impact a person’s future in very different ways.
Setting aside a conviction, under A.R.S. § 13-905, is only available for cases that resulted in a conviction. It cannot be used to clear arrests or dismissed charges. When a conviction is set aside, the judgment of guilt is vacated, and the person is released from the penalties of that conviction. While it’s a powerful tool for demonstrating rehabilitation, it does not remove the record from public view. Background checks will still show the conviction, although it will be marked as “set aside” instead of saying “guilty”. This can be helpful in employment and housing applications, but it doesn’t offer the full privacy that sealing does.
Sealing, on the other hand, prevents the public from accessing the record at all. Once sealed, the case is hidden from background checks and government searches. The law treats it as if it never happened, at least from a public-facing standpoint. Law enforcement, prosecutors, and certain government agencies can still access sealed records for official purposes, but employers, landlords, and the general public cannot.
What Happens After a Record Is Sealed?
The impact of sealing a criminal record under A.R.S. § 13-911 is far-reaching. Once sealed, the record is no longer accessible through state background check systems, giving individuals a clean slate when applying for jobs, housing, financial aid, or loans. The law allows people to legally state that they have not been arrested, charged, or convicted in connection with the sealed record—except in certain narrow circumstances involving specific types of jobs.
For instance, someone applying to work in a school, with children, in financial services, or in law enforcement may still be required to disclose a sealed record. There are also disclosures required for commercial drivers, pilots, and roles that involve vulnerable adults. Outside of these exceptions, the person does not have to report the sealed record, and most employers cannot see it.
It’s also important to understand what sealing does not do. It does not erase information already picked up by private background check companies prior to sealing. It also does not remove the incident from Motor Vehicle Division records or affect car insurance in any direct way. However, DPS is required to update all official criminal history records once the sealing is granted, which helps ensure that new background checks don’t turn up sealed information.
The Role of the Judge and How Long the Process Takes
Sealing is not automatic as it requires a formal petition and a court order. Judges have a significant amount of discretion in approving or denying these requests. In reviewing a petition, the judge considers whether sealing is in the best interest of the individual and whether it poses any risk to public safety. The opinion of any victims in the case may also be taken into account.
Once the petition is filed, the court must wait at least sixty days before issuing a decision. In practice, the process usually takes several months. That’s because the Department of Public Safety must compile a history report for the judge, and administrative delays often extend the timeline. If the state prosecutor does not object, that can help move things along, but there’s no guarantee of a faster outcome.
If a judge denies a request to seal, the petitioner must wait an additional three years before reapplying. For this reason, it’s essential to ensure that the petition is accurate, complete, and supported by all available documentation.
Finding the Information Needed to Begin
Some people are ready to move forward but don’t know the details of their case, especially if it happened many years ago. In those situations, there are two ways to gather the information needed to start the process.
The first option is to try and provide the court name, city of arrest, police agency involved, and the approximate date of the offense. That may be enough to prepare the petition. However, if more details are needed, the second option is to request a full criminal history report from the Arizona Department of Public Safety. This report is based on fingerprint verification and provides a comprehensive list of all arrests and case outcomes tied to that person’s identity.
Being able to identify the right case and present the correct information can make the difference between approval or denial and will save you significant time in the long-run. For those who aren’t sure where to begin, it’s helpful to start with whatever details are available and build from there.
Moving Forward With Confidence
Arizona’s sealing law under A.R.S. § 13-911 has created a meaningful path for people who want to leave their past behind and focus on their future. Whether the case ended in an arrest-only, straight dismissal, diversion dismissal, or a conviction that’s long since been resolved, there may now be a way to seal that record and stop it from standing in the way of opportunity.
Knowing whether a record qualifies is just the first step. With the right guidance and support, it’s possible to turn the page, for good.
Zachary Divelbiss, Lawyer
Future First Criminal Law
