The client carried a dismissed 2023 criminal damage charge out of Phoenix Municipal Court. After the court initially denied the application in 2024, Future First filed a motion to reconsider, and the court granted the sealing record application in 2026.
At a glance
| Original charge | Criminal Damage (ARS § 13-1602), Class 2 Misdemeanor, dismissed 2024 |
| Application filed | Sealing Record Application, ARS § 13-911, 2024 |
| Court | Phoenix Municipal Court |
| Result | Sealing Record Granted after motion to reconsider |
| Rights restored | N/A (no conviction) |
| Time from application to grant | 594 days from application filing to granted |
The challenge
The client had a 2023 criminal damage charge out of Phoenix Municipal Court. The prosecutor dismissed the case in 2024, so no conviction entered. Even so, the arrest record and the dismissed charge stayed visible on background checks, public access lookups, and any database that scraped court data before the file was sealed.
Dismissed cases still create real friction. Employers run criminal record searches and see the charge without the dismissal context. Landlords flag any criminal record entry. Professional licensing boards ask about arrests, not just convictions. The client needed the record sealed under ARS § 13-911 to close the loop and remove the dismissed charge from public view.
What we did
Future First filed the application to seal under ARS § 13-911 in 2024, the same year the case was dismissed. Phoenix Municipal Court initially denied the application, citing public safety and the recent nature of the offense. That denial was wrong on the law. ARS § 13-911 does not authorize the court to consider a waiting period for a dismissed case, and a dismissed case cannot be a public safety concern when the prosecutor itself dropped the charge.
Future First filed a motion to reconsider, laying out the statutory framework and the due process problem with treating a dismissed case as a continuing public safety risk. The motion argued that a dismissed case is categorically eligible for sealing under § 13-911 and that the prior denial conflicted with the presumption of innocence built into the criminal code.
The court reversed itself. The judge granted the motion to reconsider and signed the order sealing the criminal case records in January 2026. The arrest, the prosecution, and the dismissal all moved off the public record.
What our clients say
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If you have an old dismissed case in Arizona
Arizona’s sealing statute, ARS § 13-911, covers dismissed cases, not guilty verdicts, and convictions that meet the eligibility criteria. For a dismissed case, there is no statutory waiting period. You are eligible to file as soon as the dismissal enters. The court still has discretion to deny the application, which is why the filing has to be tight and the legal argument has to be ready before you submit it.
A denial is not the end. The court is allowed to reconsider, and a motion to reconsider can correct a wrong reading of the statute. The firm has reversed denials by walking the court through the statutory language and the presumption of innocence. Each case is different, but the path back from a denial exists.
The sealing order tells the Department of Public Safety, the prosecutor, and the court clerk to seal all records tied to the arrest, prosecution, and disposition. After the order, the case stops showing up on standard background checks and you can answer “no” to most criminal history questions, with narrow exceptions for federal employment and certain licensing.
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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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