Issue 5: Record Sealing

Dec 16

Should I seal my criminal record?

Last Updated December 16th, 2023

What is Record Sealing in Arizona?
As of December 31, 2022, individuals arrested, convicted, or sentenced before or after that date have the option to request the court to seal their criminal case records.

If granted under A.R.S. § 13-911, the petitioner can indicate on applications for employment, housing, financial aid, or loans that they have no record of arrest, charges, or convictions related to the specific crime.

The period’s individuals with convictions must wait before filing to seal their records are as follows:

- Two years for a class 2 or 3 misdemeanor

- Three years for a class 1 misdemeanor

- Five years for a class 4, 5, or 6 felony

- Ten years for a class 2 or 3 felony

Class 1 felony convictions are ineligible for sealing under this law.

Each court where convictions occurred must receive an individual application for record sealing. The sealing process pertains exclusively to records held by criminal justice entities, including courts, the Department of Public Safety, prosecutors, and law enforcement agencies. Any previously published or distributed records might remain accessible and might not be affected by the order to seal case records. This means that third-party agencies or companies who may have already accessed your record history are not required to comply with the seal of their record of your case history. This includes companies that run background checks.

The following individuals and entities have access to sealed case records:

1. The person whose records are sealed.

2. Any attorney who has officially represented the sealed person.

3. The victim in the case, provided the victim has exercised victims’ rights (as per ARS § 13-4414).

4. Law enforcement agencies, prosecuting agencies, probation departments, agencies preparing presentence reports, courts, Department of Child Safety, child welfare agencies, Department of Juvenile Corrections, State Department of Corrections, Arizona correctional facilities, Clerk of the Court, and the department responsible for maintaining court records, under specific circumstances related to their official duties or internal hiring practices.

Sealing your records does not affect any of the following:

Your right to appeal the conviction or sentence, or rely on it in bar of any subsequent proceeding for the same offense.
The right of a law enforcement agency to maintain an arrest and conviction record and communicate information to prosecuting agencies, courts, probation departments, and other law enforcement agencies for purposes listed in ARS § 13-911(J).

NOTE: Records from the Department of Public Safety, Central State Repository, are not public records and will not be altered by DPS but will be marked as sealed.

The Department of Public Safety or the Board of Fingerprinting from considering a sealed conviction when evaluating an application for a fingerprint clearance card. (ARS §§ 41-1758.03 or 41-1758.07)
Your right to possess a firearm if the conviction prohibits you from possessing a firearm under Arizona or other state and federal laws. (28 CFR § 25.9)
A court from issuing a lifetime injunction pursuant to ARS § 13-719 or the validity of a lifetime injunction that was issued pursuant ARS § 13-719.

References & Resources:
Apply for Record Sealing:
https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records#:~:text=The%20sealing%20of%20case%20records,offices%20and%20law%20enforcement%20agencies.

Exceptions to Denying an Arrest or Conviction
https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records/If-the-Petition-Is-Granted#Q3