The client carried a Mesa Police arrest for Sexual Assault and Forcible Sodomy from 2023. The prosecutor never filed charges and the investigation closed inactive, but the arrest record still showed on background checks. Future First filed the Application to Seal Records under ARS § 13-911 and the court granted the application in 82 days, sealing the arrest from public view and from background-check exposure.
At a glance
| Original arrest | Sexual Assault (ARS § 13-1406) and Forcible Sodomy, Class 2 Felony allegations |
| Outcome of investigation | No charges filed. Investigation closed inactive. |
| Application filed | Application to Seal Records, ARS § 13-911, 2025 |
| Court | Maricopa County Superior Court |
| Result | Sealing Record Granted. Arrest sealed from public view and from background-check exposure. |
| Rights restored | The applicant can lawfully deny the arrest in most non-law-enforcement contexts. Background checks that consume the sealed-records database no longer return the arrest. |
| Time from application to grant | 82 days from application filing to granted |
The challenge
An arrest for a sex offense draws the heaviest weight on a background check, even when the prosecutor declines to file. Employers, landlords, and licensing boards screen for any sex offense entry regardless of whether the case ever reached a courtroom. The arrest record sat on the client’s history with no resolution column, which reads worse to screeners than a dismissal or acquittal.
Sealing under ARS § 13-911 was the right cleanup tool. The statute allows sealing of an arrest where no charges were filed once the petitioner shows the statutory factors. The client had cooperated fully with law enforcement, had no other arrests, and the Department of Child Safety had separately classified the underlying allegations as unsubstantiated. The application was ready to file.
What we did
Future First filed the Application to Seal Records under ARS § 13-911 in Maricopa County Superior Court. The application documented the absence of any filed charges, the inactive status of the law enforcement investigation, the unsubstantiated finding from the Department of Child Safety, and the factors the court weighs under § 13-911. A sex offense arrest with no resolution draws closer review and the application was built to address that head-on.
The application moved through the statutory 60-day notice window without objection from the prosecutor. The Department of Public Safety report came back clean. The court reviewed the file and entered the order on the merits.
The judge signed the order. Sealing Record Granted on the Sexual Assault arrest. The case file is sealed from public view. Background checks that consume the sealed-records database no longer return the arrest.
What our clients say
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If you have an arrest with no charges filed
ARS § 13-911 reaches arrests where the prosecutor never filed charges. The statute does not require a conviction, a dismissal, or an acquittal. An arrest standing alone is enough to qualify, as long as the statutory waiting period has run and the petitioner has no disqualifying record.
Sex offense arrests sometimes draw closer review than other categories. The application has to address the underlying investigation, the prosecutor’s decision not to file, and the statutory factors with care. A clean application built on documented cooperation and a closed investigation can clear the review on the merits.
Sealing under § 13-911 closes public access to the arrest file. The applicant can lawfully deny the arrest in most non-law-enforcement contexts. Background-check vendors that consume the sealed-records database no longer return the arrest.
Related resources
Call us
Want to clear your record in Arizona? Call Future First Criminal Law at 602-900-6240 or request a free consultation. We have handled hundreds of Arizona record removal applications across every statute path. The cleanup is permanent and the process moves faster when handled by a firm that knows the local court.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona record removal law, visit the Arizona State Legislature website.
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