Even if your criminal case records are sealed under ARS § 13-911, under certain conditions, they must be made available if:

• Alleged as an element of an offense.
• Used as a historical prior felony conviction.
• Admissible for impeaching any party or witness in a subsequent trial.
• Used to enhance the sentence for a subsequent felony.

• Used to enhance the sentence for driving under the influence offenses. (ARS §§ 28-1381 and 28-1382)
• Pleaded and proved in any subsequent prosecution of the person by the State of Arizona or an Arizona political subdivision.
• Used as a conviction if the conviction would be admissible if the conviction was not sealed.
• The offense prohibits you from possessing a firearm under state or federal laws (28 CFR § 25.9)

Persons who may obtain sealed case records:

• The person whose records are sealed.
• Any attorney who has filed a notice of appearance on behalf of the person whose records are sealed.
• The victim in the case if the victim has exercised victims’ rights. (ARS § 13-4414)

The following entities may obtain sealed records if the purpose relates to their official duties or internal hiring practices:

• Law enforcement agency
• Prosecuting agency (On the request of a person who is charged with a criminal offense or that person’s attorney of record, a prosecuting agency must provide the sealed case records of any person whom the prosecuting agency intends to call as a witness in that person’s prosecution.)

• Probation department
• Agency preparing a presentence report
• Court
• Department of Child Safety
• Child welfare agency (ARS § 8-501)
• Department of Juvenile Corrections
• State Department of Corrections
• Arizona correctional facilities
• Clerk of the Court
• Department responsible for maintaining court records