Sealing Records
Sealing Records ARS 13-911
Under Arizona law ARS § 13-911, Sealing Records in Arizona is one of the most effective ways to move forward after an arrest, dismissal, or completed conviction. This process limits public access to your criminal history, helping remove barriers when applying for jobs, housing, or financial opportunities. Once sealed, the record is legally treated as though the arrest or conviction never happened, offering a clean slate in most circumstances.
It’s important to note, however, that certain government agencies including law enforcement, prosecutors, and the courts retain access to sealed records when required by law. Felonies, misdemeanors, and dismissed charges can qualify, as long as all sentence terms are fully completed and the required waiting period has passed. If you’ve ever wondered whether a felony can be expunged in Arizona, sealing is the closest legal option available. With the guidance of a record sealing lawyer, the process becomes more straightforward and your chances of approval increase significantly.
Minimum Required Information:
- Court Name:
- Case Number:
- Charges:
- Month/Day/Year of Crime:
- Anything Else We Should Know About Your Life:
- Full Legal Name:
- Date of Birth:
- Phone Number:
- Email:
- Mailing Address:
The law firm handles the rest of the motions and court appearances.
Legal Benefits:
Sealing Records judgment of guilt (aka no longer guilty), or arrest (as if they were never arrested)
- Sealing Records judgment of guilt (aka no longer guilty), or arrest (as if they were never arrested)
- Sealed arrest or conviction records are no longer accessible to the general public or through most government background checks.
- You are legally permitted to state that the arrest or conviction did not occur in most circumstances, including on employment, housing, financial aid, and loan applications.
- The Arizona Department of Public Safety (DPS) must update criminal history records to reflect that the case has been sealed.
- Sealing a record relieves you of many legal penalties and barriers associated with the conviction.
- This process offers significant advantages in reducing the long-term impact of a criminal record on everyday life.
- Important: Sealing does not change the original legal outcome (such as a guilty plea or conviction) and does not erase records from all systems. Law enforcement, prosecutors, courts, and certain licensing or government agencies retain access where required by law.
Limitations:
- Sealing a record does not affect driving records maintained by the Arizona Department of Transportation or influence insurance-related databases.
- It does not remove information from non-government websites or third-party background check companies that may have archived public records prior to sealing.
- Government websites or databases that were accessed and cached by private entities before sealing are not automatically updated or deleted.
- Certain individuals and agencies—including judges, prosecutors, law enforcement, the Department of Child Safety (DCS), the Arizona Department of Corrections (DOC), Juvenile Corrections, and the Clerk of Court—retain access to sealed records when acting within the scope of their official duties but cannot release them to the public without a judge’s approval.
- A sealed conviction remains legally recognizable for future crimes, such as having a prior felony or prior DUI for purposes such as sentencing enhancements or statutory reference.
- If you’re not yet eligible for Sealing Records under ARS 13-911 because not enough time has passed since completing your sentence, filing a Set Aside under ARS 13-905 is the most effective alternative.
Eligible:
- Charged with crime, but the case is dismissed (including diversion dismissals)
- Arrested but never charged with a crime (aka profile cases past the statute of limitations or with disposition letter or police report clearly showing no charges)
- Criminal convictions (guilty plea or found guilty at trial)
Must Complete All Terms of the Sentence and Then Wait Years Before Applying:
- 10 years for class 2 or 3 felony
- 5 years for class 4, 5, or 6 felony
- 3 years for class 1 misdemeanor (DUIs, Disorderly Conduct, etc.)
- 2 years for class 2 or 3 misdemeanor (commonly criminal speeding, reckless driving, etc.)
- Additional 3 years wait if the judge denied a prior request from the date of denial (time starts calculating the moment the final term of the sentence is completed)
- If felony, sentenced to DOC with no fines/probation, then the date of Absolute Discharge is when the time starts ticking (time in jail doesn’t count)
- If you’re not yet eligible for Sealing Records under ARS 13-911 because not enough time has passed since completing your sentence, filing a Set Aside under ARS 13-905 is the most effective alternative.
Approval Process:
Applications are typically reviewed multiple times by the law firm for accuracy before submission and filed in under 30 days from the time the firm is hired. Typically, it takes more than 90 days from the time the application is submitted. Once judge approves, the online records and databases are typically removed within 30 days.
Judge Decides Legal Factors:
- The best interest of the petitioner (aka impact on their future)
- The best interest of the public’s safety (judge’s catch-all reason if they want to deny an application)
- Victim’s position (they have a right to be heard)
- The prosecutor may request a hearing
If Approved, a Sealed Record Must Still Be Disclosed If:
- The job involves houses, and you have a burglary/theft sealed case
- The job involves teachers/children work, and you have a child abuse or aggravated assault sealed case
- The job involves commercial pilot, driver, or boat
- The job involves finances, and you have theft/forgery/etc. sealed case
- The job is with police, prosecutor, court, or DCS
Fingerprint clearance - Child abuse for jobs that involve minors
- Vulnerable adult abuse for jobs involving the care of adults
- Defense of a civil action arising from arrest
Not Eligible Cases:
- Civil cases
- Sentenced as Dangerous category ARS 13-704 (check plea/sentencing)
- Serious Offenses ARS 13-705
- Murder, manslaughter, aggravated assault, arson of an occupied structure, armed robbery, burglary of an occupied residence, kidnapping, assault by prisoner, riot, drive-by shooting, shooting at occupied structure, gangs, terrorism
- Violent/aggravated offense ARS 13-706
- 1st/2nd-degree murder, aggravated assault with serious injury or use of a weapon in any way, assault by prisoner, anything riot-related, drive-by shooting, kidnapping, sex cases, 1st-degree burglary, arson of an occupied structure, armed robbery, anything gang-related, terrorism
- The case involved the use of a deadly weapon or dangerous instrument as an element of the offense
- “The discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.”
- Victims under the age of 15
- Serious injury cases (aggravated assault, manslaughter, etc.)
- Sex-related cases (DACA)
- If you’re not yet eligible for Sealing Records under ARS 13-911 because not enough time has passed since completing your sentence, filing a Set Aside under ARS 13-905 is the most effective alternative.
Take the Next Step Toward Clearing Your Record
Sealing records in Arizona is a powerful way to leave the past behind and move forward with new opportunities. But the process is complex, and every detail matters when presenting your petition to the court. The best way to avoid delays or denials is to work with a legal professional who understands exactly how to navigate ARS § 13-911.
If you’re ready to find out whether your case qualifies, the next step is simple: connect directly with our team. We’ll review your situation, explain your options clearly, and guide you through every stage of the process.
You need Sealing Records or Set Aside (see the specific page for eligibility).
Record Sealing FAQs:
Can I apply to seal multiple cases at once in Arizona?
Yes. If you have more than one case, each must be filed separately with the court that handled it. The court may review them individually, meaning one case could be approved while another is denied.
Do I need an attorney to seal my records in Arizona?
Hiring an attorney is not required, but it is highly recommended. The process involves preparing accurate petitions, navigating hearings if necessary, and addressing objections from prosecutors. If your application is denied, you are required to wait an extra 3 years before you can apply again so the cost to hire a law firm to do it right the first time is worth it. If you are still on probation for a felony case, you might also be eligible for Early Termination of Probation as long as you are in good standing with your PO, have completed all of your punishment, such as fines, and have completed at least 50% of your probation year. Please contact the firm via phone, text, or email for more details.
Will sealing records in Arizona restore my gun rights?
No. Sealing a record does not automatically reinstate firearm rights. A separate petition for restoration of rights or a Set Aside must be filed and approved to get your firearm rights restored for Arizona.
Can immigration cases be affected by sealing records in Arizona?
Yes and No. Immigration courts are federal, not state-based, and they retain access to sealed records. However, a sealed case may still influence immigration proceedings such as visa, green card, or citizenship applications because it shows a state level judge reviewed your case and agreed to seal it, thus being a mitigating factor for the immigration process.
If my request to seal records in Arizona is denied, can I try again?
Yes. If denied, you must wait three additional years before reapplying. This waiting period gives the court time to reassess whether circumstances have changed in your favor. This is the most important reason why you should hire a law firm to do this for you.
Will sealing records in Arizona clear my name from online news articles?
No. While official state and court databases will restrict access to court websites, other non-government websites such as social media, news websites, blogs, and online publications that reported on the case are not automatically required to remove content. Separate legal or reputation management steps may be necessary.