Sealing Criminal Records in Arizona

Since the end of 2022, Arizona has allowed people to ask a court to seal the records of an arrest, a charge or a conviction. Sealing goes further than a set-aside: if the court grants it, the law allows you to say, in most situations, that you were never arrested, charged or convicted of that offense. This page explains who can petition under A.R.S. 13-911, how long you must wait and the exceptions that still apply.

Who can petition?

You may petition to seal all case records related to an offense if you were:

• convicted, and have completed all the terms of the sentence, including paying all monetary obligations and restitution;
• charged, and the charge was dismissed or you were found not guilty at trial;
• arrested, and no charges were filed.

How long do I wait after a conviction?

After completing the non-monetary terms of the sentence and being discharged by the court, you wait the following period before petitioning:

Offense	Waiting period
Class 2 or 3 felony	10 years
Class 4, 5 or 6 felony	5 years
Class 1 misdemeanor, including DUI	3 years
Class 2 or 3 misdemeanor	2 years
Petty offense	Immediately
Conviction vacated under 13-909	Immediately

All fines, fees and restitution ordered by the court must be paid when you file. The court must tell you at sentencing, on the record and in writing, that you may be eligible to petition.

Offenses that cannot be sealed

• dangerous offenses and dangerous crimes against children;
• serious offenses and violent or aggravated felonies;
• offenses involving the discharge, use or threatening display of a deadly weapon or dangerous instrument, or the knowing infliction of serious physical injury;
• sex trafficking and certain other listed felonies.

Where and how to file

The petition goes to the court where you were convicted, where the charges were filed and dismissed, or where you had your initial appearance if no charges were filed. The court must wait 60 days before deciding, unless the prosecutor and victims who asked for notice do not object. It grants the petition if sealing is in the best interests of the petitioner and public safety. If a petition is denied, you must wait three years before filing again. The Arizona courts’ self-service center provides the forms.

What sealing allows you to say

Once records are sealed, the statute allows you to state that you have never been arrested for, charged with or convicted of that offense, including on applications for employment, housing, financial aid and loans. There are important exceptions, for example:

• applications requiring a fingerprint clearance card;
• jobs involving commercial or private operation of a vehicle, boat or airplane, if the sealed record is a DUI;
• jobs with law enforcement, prosecutors, courts, probation and child welfare agencies;
• certain jobs involving children, vulnerable adults, homes or other people’s money, depending on the offense;
• any disclosure required by state or federal law.

What sealed records can still do

Sealed records remain available to courts, prosecutors, law enforcement and some agencies, and they can still be used as a prior conviction, to enhance a later felony sentence and to enhance a later DUI sentence under the DUI statutes. Sealing protects you in everyday life; it does not wipe the slate clean for a future case.

Fees for no-conviction cases

When a petition is filed, the court asks the Department of Public Safety for a report on your arrests, prosecutions and convictions, and the department may charge a fee for that report and for correcting your record after sealing. The statute waives those department fees if you are indigent, or if you were found not guilty or the case was dismissed or not prosecuted and you file in the court that handled that case or where no charges followed.

A later felony

If your records were sealed after a conviction and you are later convicted of a felony, you can petition to seal the new felony too, but only after its own waiting period has passed plus an additional five years.

Sealing and set-aside together

Sealing and setting aside a conviction are separate. A set-aside can be requested as soon as the sentence is completed, while sealing after a conviction requires the waiting period. Many people apply for a set-aside first and petition to seal later. See Setting Aside a Conviction in Arizona.

Thinking ahead during a case

If you are still facing charges, the outcome decides which of these options you will have. A dismissal or acquittal can be sealed without a waiting period, while the class of any conviction sets how long you will wait. Ask your defense lawyer about it early; see Questions to Ask at Your First Consultation With a Defense Lawyer.