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Sealing Criminal Case Records
Petitioning the court to have case records sealed.
 

As of December 31, 2022, a person who is arrested, convicted or sentenced before, on or after December 31, 2022, may petition the court to have their criminal case record sealed. If the court grants the petition under ARS § 13-911, the petitioner would be allowed to state on employment, housing, and financial aid or loan applications that they have never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction. The petitioner must apply to seal their records in each court in which they have been convicted.

The sealing of case records refers solely to the records that exist under the control of criminal justice entities including the courts, Department of Public Safety, prosecutor’s offices and law enforcement agencies. Any case record that was published or distributed prior to sealing may still be accessible and may not be impacted by the granting of an order to seal case records.

FORMSARS § 13-911EXPUNGING V. SEALING CASE RECORDS
 
What is a case record? What is the court's case record?
A case record means all records related to your arrest, conviction and sentence for a specific offense. This includes:
  • Court records (but not Arizona Supreme Court or Arizona Court of Appeals records)

  • Department of Public Safety, Central State Repository records

  • Prosecuting agency records

  • Law enforcement agency records
The ability to seal case records under ARS § 13-911 does not extend to case records in the Supreme Court or Court of Appeals.

The court’s case record related to an incident includes only charges that were actually filed with the court.

If you are seeking to seal arrest records for an arrest that occurred without charges being referred by a prosecutor, you must specifically file a petition to seal those arrest records.

If separate incidents resulted in multiple arrests with no charges being filed or resulted in multiple arrests with multiple filings, you will need to file a separate petition for each arrest or filing unless the cases were consolidated by the court into a single case.

EXAMPLE: If you have 3 cases (that were not consolidated) with separate plea agreements, you must file 3 separate petitions.
Who Can File a Petition?
You may file a petition to seal all case records related to an eligible criminal offense if:
  • you have not had a petition to seal the records under ARS § 13-911 denied in the past three years.
    AND
  • you were convicted of a criminal offense, the timeframes in ARS § 13-911(E), (F), and (G) have passed, and you have completed all the terms and conditions of the sentence that were imposed by the court, including the payment of all monetary obligations and restitution to all victims. This includes monetary obligations and victim restitution that were converted to a civil obligation through the issuance of a Criminal Restitution Order (ARS § 13-805).
  • you were charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at trial.
  • you were arrested for a criminal offense and no charges were filed.
Exception
You cannot petition the court to have criminal case records sealed if you were convicted of certain crimes.
  • You were sentenced as a dangerous offender pursuant to ARS § 13-704
  • You were convicted of a dangerous crime against children as defined in ARS § 13-705
  • You were convicted of a serious offense or violent or aggravated felony as defined in ARS § 13-706
  • You were convicted of any offense has the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument as an element of the offense
  • You were convicted of any offense that had the knowing infliction of serious physical injury on another person as an element of the offense
  • You were convicted of sex trafficking pursuant to ARS § 13-1307
  • You were convicted of a class 2, 3, 4, or 5 felony offense in Title 13, Chapter 14 (Sexual Offenses) or 35.1 (Sexual Exploitation of Children)
Information Needed for Filing

If you file a petition to seal your criminal case records, you should provide as much information as possible regarding (1) your arrest, (2) any charges (including those not filed) and (3) case information (including dates, arresting agency, location of booking, copy of citation or citation number, department report number, and incident number) that will help the court locate your records and process your petition.

You may contact the arresting agency or search public record archives to gather pertinent information.

The court will not have information about the requested records if no charges were filed with the court. You must provide adequate information for the court to determine if records exist and if they are eligible for sealing.

DEPARTMENT OF PUBLIC SAFETYJUDICIAL BRANCH PUBLIC ACCESS TO COURT CASE INFO
When Am I Eligible to File a Petition?
✔

I have completed all the terms and conditions of my sentence (including paying all fines, fees and restitution that were ordered by the court)

 AND ✔

I have not been convicted of any other offenses, except a misdemeanor traffic violation (Title 28), excluding a conviction for driving under the influence (ARS §§ 28-1381 through 28-1383.)

 AND ✔

The following period of time has passed since I completed the conditions of probation or sentence and was discharged by the court:

 10 years for a class 2 or 3 felony

5 years for a class 4, 5 or 6 felony

3 years for a class 1 misdemeanor

2 years for a class 2 or 3 misdemeanor
NOTE: You have not completed your sentence if financial obligations exist under a Criminal Restitution Order for the applicable offenses. If you have completed all other terms of sentencing, the date of completion of the Criminal Restitution Order is the date of completion of the sentence. Additionally, if you have a prior historical felony conviction, you must wait an additional five years.
Where Do I File a Petition?
You must file your petition to seal criminal case records in the correct court; otherwise, your petition may be dismissed and returned with no ruling.
IF YOU WERE CONVICTED IF CHARGES WERE NOT FILED
You must file in the court where you were convicted of an offense. If charges were not filed, you must file in the court where you had your initial appearance.
IF YOU DID NOT HAVE AN INITIAL APPEARANCE AND NO CHARGES WERE FILED IF CHARGES WERE DISMISSED, OR YOU WERE FOUND NOT GUILTY, OR YOUR CONVICTION WAS VACATED
If you did not have an initial appearance and no charges were filed, you must file the petition in the superior court in the county where you were arrested. If the charges were dismissed, or you were found not guilty, or your conviction was vacated, you must file in the court where the indictment, information, criminal citation or complaint was filed against you.

(Exception: if the complaint was filed in a justice court and the case was transferred to the superior court, the petition must be filed in the superior court)
Requesting a Hearing

The court is not required to hold a hearing before ruling on the petition unless one is requested by you, the prosecutor or the victim, or on the court’s own motion. If the court determines that your petition does not meet the statutory requirements or does not contain sufficient information, the court may dismiss the petition without first holding a hearing.

Keep in mind that you cannot request a hearing under ARS § 13-911(D) after the court rules on your petition—you must make the request beforehand.
Multiple Convictions

If you have been convicted of two or more offenses and you have not been convicted of any other offense (except a misdemeanor offense in Title 28, excluding a DUI), you may be eligible to petition the court to seal your records:

  1. after you complete the conditions of your probation or sentence;
  2. you have been discharged by the court; and
  3. the required period of time for each conviction has passed as set forth in ARS § 13-911(E).

    NOTE: If you have a prior historical felony conviction, you must wait an additional five years.
How Soon Will the Court Rule on My Petition?
 

It will take at least 30 calendar days after you file your petition before the court will grant or deny your petition. This time is to: (1) allow DPS to conduct its research and prepare the required report, and (2) notify and receive responses from the prosecutor and any victims who have exercised their rights.

NOTE: The court may opt to rule on the petition before 30 days if it has all the required information and has received notice that the prosecutor and all the victims who requested post-conviction notice do not object to the petition.

IF PETITION IS GRANTEDEXCEPTIONSRIGHTS NOT AFFECTEDEMPLOYER LIABILITYIF PETITION IS DENIEDWHEN CAN RECORDS BE USEDWHO CAN ACCESS RECORDS
HAVE NEW CHARGES BEEN FILED AGAINST YOU AFTER FILING YOUR PETITION? You must notify the court if any new charges are filed against you after you file your petition, but before the court rules on it. The court cannot grant or deny your petition until the new charges are disposed of, if the new charges could: (1) result in a conviction that cannot be sealed, or (2) extend the time to file a petition under ARS § 13-911. If the court is notified by any means of new charges, including but not limited to notification by you or the prosecutor, they are listed on the DPS report, or the charges are filed in the same court in which the petition is filed, the court must consider and determine how they impact your petition.
If Your Petition Is Granted

If the court grants your petition to seal criminal case records under ARS § 13-911, with exception, you may be able 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. Your ability to deny an arrest or conviction applies only on or after the date your petition is granted.

However, keep in mind that there are exceptions. In some situations, you cannot deny an arrest or conviction even if your petition to seal criminal case records is granted.
Exceptions to Denying an Arrest or Conviction
If the court grants your petition, there are situations in which you cannot deny that the arrest or conviction occurred.
Title 13, Chapter 34 offense Your sealed records involve an offense listed in Title 13, Chapter 34.
Submitting an application You are submitting an application that requires a fingerprint clearance card (ARS §§ Title 41, Chapter 12, Article 3.1, “Fingerprinting Division”).
Applying for a job You are applying for a job involving operation of a motor vehicle, boat or airplane if your sealed records involved operating a motor vehicle, motorized watercraft or airplane while intoxicated or theft of means of transportation.
You are applying for a job that requires entering into and performing services inside a residential structure if your sealed records involved burglary or theft from a residential or nonresidential structure. You are applying for a job supervising, educating or administering care to a minor and your sealed records involved child abuse or aggravated assault.
Rights Not Affected If Petition is Granted

Appealing a Conviction
Your right to appeal the conviction or sentence, or rely on it in bar of any subsequent proceeding for the same offense.

For a Law Enforcement Agency
The right of a law enforcement agency to maintain an arrest and conviction record and communicate information to prosecuting agencies, courts, probation departments, and other law enforcement agencies for purposes listed in ARS § 13-911(J).

NOTE: Records from the Department of Public Safety, Central State Repository, are not public records and will not be altered by DPS but will be marked as sealed.

For the Department of Public Safety or the Board of Fingerprinting
The Department of Public Safety or the Board of Fingerprinting from considering a sealed conviction when evaluating an application for a fingerprint clearance card. (ARS §§ 41-1758.03 or 41-1758.07)

Possessing a Firearm
Your right to possess a firearm if the conviction prohibits you from possessing a firearm under Arizona or other state and federal laws. (28 CFR § 25.9)

Issuing a Lifetime Injunction
A court from issuing a lifetime injunction pursuant to ARS § 13-719 or the validity of a lifetime injunction that was issued pursuant ARS § 13-719.
What Is Your Employer's Liability?

ARS § 13-911(I)(6) states that as prescribed by ARS § 12-558.03, an employer is not liable for hiring or contracting with a person who has had their criminal case records sealed.
If Your Petition Is Denied

If the court denies your petition to seal case records, you must wait 3 years from the date of the denial to file a new petition.

However, the 3-year waiting period does not apply if your petition is dismissed without being ruled on because you filed in the incorrect court or you failed to provide sufficient information.

If the court denies your petition to seal case records, you may only appeal the order if the basis for the appeal is your eligibility to petition the court.
When Can Sealed Case Records be Used?
  • If alleged as an element of an offense.

  • If used as a historical prior felony conviction.

  • If admissible for impeaching any party or witness in a subsequent trial.

  • If used to enhance the sentence for a subsequent felony.

  • If used to enhance the sentence for driving under the influence offenses. (ARS §§ 28-1381 and 28-1382)
  • If pleaded and proved in any subsequent prosecution of the person by the State of Arizona or an Arizona political subdivision.

  • If used as a conviction if the conviction would be admissible if the conviction was not sealed.

  • If the offense prohibits you from possessing a firearm under state or federal laws (28 CFR § 25.9)
Who Can Access Sealed Case Records?
Specific individuals Entities if the purpose relates to their official duties or internal hiring practices
  1. The person whose records are sealed.

  2. Any attorney who has filed a notice of appearance on behalf of the person whose records are sealed.

  3. The victim in the case if the victim has exercised victims’ rights. (ARS § 13-4414)
  • 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, Clerk of the Court, department responsible for maintaining court records
  • Department of Child Safety, child welfare agency (ARS § 8-501)
  • Department of Juvenile Corrections, State Department of Corrections, Arizona correctional facilities