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If the Petition Is Granted
Please read A.R.S. § 13-911 in its entirety. These Info Sheets are intended to help those who are seeking to file a petition or have had a ruling on a petition to seal a criminal case record under A.R.S. § 13-911. Nothing in these Info Sheets supersedes what is provided in statute and does not restrict local rules and practice of a particular court in processing petitions.

If the court grants your petition to seal criminal case records under A.R.S. § 13-911, you may state on employment, housing, and financial aid or loan applications that you have never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction.

You may only deny an arrest or conviction as of the date your petition is granted.

However, keep in mind that there are exceptions. In some situations, you may not deny an arrest or conviction even though your petition to seal records is granted.

If the court grants your petition, keep in mind that there are situations in which you may not deny an arrest or conviction. You must follow and understand any and all exceptions.

  1. Your sealed records involved drug offenses (Title 13, Chapter 34).

  2. You are submitting an application requiring a fingerprint clearance card (A.R.S. §§ Title 41, Chapter 12, Article 3.1, “Fingerprinting Division”).

  3. You are applying for a job involving operation of a motor vehicle, boat or airplane. Your sealed records involved operating a motor vehicle, boat or airplane while intoxicated and theft.

  4. You are applying for a job requiring entering into and performing services inside a residential structure. Your sealed records involved burglary or theft.

  5. You are applying for a job supervising, educating or administering care to a minor. Your sealed records involved child abuse or aggravated assault.

  6. You are applying for a job involving supervising or administering care to a vulnerable adult or person over 65. Your sealed records involved vulnerable adult abuse.

  7. You are applying for a job involving accounting, overseeing, transporting, handling or managing another person’s finances. Your sealed records involved theft, forgery, identity theft or fraud.

  8. You are applying for a position with law enforcement, prosecutor’s office, court, probation department, child welfare agency, Department of Child Safety, or correctional facilities.

  9. You are undergoing a background check to place with you a child who is in the Department of Child Safety’s custody.

  10. Disclosure is required by state or federal law.

  11. Disclosure is required to comply with program integrity provisions of Medicare, Medicaid or other federal health care program.

Sealing your records does not affect any of the following:

  1. You may appeal the conviction or sentence, or rely on it in any subsequent proceeding for the same offense.

  2. A law enforcement agency may maintain an arrest and conviction record and communicate information to prosecuting agencies, courts, probation departments, correctional facilities, and other law enforcement agencies for purposes listed in A.R.S. § 13-911(J).

    NOTE: Records from the Department of Public Safety, Central State Repository, are not public records and will not be altered if the court seals your records.

  3. The Department of Public Safety or the Board of Fingerprinting may consider a sealed conviction when evaluating an application for a fingerprint clearance card. (A.R.S. §§ 41-1758.03 or 41-1758.07)

  4. A sealed conviction may be used as a prohibited offense from possessing a firearm under other state and federal laws (28 CFR § 25.9)

An employer is not liable for hiring or contracting with a person who has previously been convicted of a criminal offense. (A.R.S. § 12-558.03)