Arizona Conviction Sealing - Have Your Criminal Record Sealed

Carrying a criminal conviction or any criminal records can cause upheaval in a person's life and even disable that individual from opportunities like landing a job or securing a loan. In Arizona, a person's criminal record is readily accessible to the public via a background check or a public case search through court records.  

Fortunately, due to recent changes in the law in January 2023, Arizonans can apply to have their conviction and criminal record sealed. This process seals all records associated to the case from public view. 

Scottsdale Arizona criminal record expungement Attorney Dave Smith is experienced in Arizona post-conviction relief laws and will help get your record cleaned up. Contact me to go over your case and your options. 

Call / Txt me anytime to get started - free consultation (602) 813-3004 

Since January 2023, Arizonans may apply to the court via petition to have their criminal record sealed. This includes all eligible arrest, conviction, and sentencing records associated with a criminal conviction from public view. A.R.S. 13-911. 

Those who would have access to the records AFTER they have been sealed include: 

• Defendant / their attorney
• Law enforcement
• The court / judicial system
• Probation department
• State Department of Corrections / any Arizona corrections agency
• Department of Child Safety / Any child welfare agency
• Victim of the offense

Contact Dave Smith, a criminal defense attorney skilled in Arizona conviction sealing, for a consultation to review your case eligibility. There are several requirements that must be met as well as different waiting periods for the classifications of misdemeanor, felony offenses, and non-conviction records. Attorney Smith will help you understand all of your options and build a plan with you to have your criminal record sealed.

Generally, all case records associated with a criminal offense may be sealed if the person was:  

1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence.

2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.

3. Arrested for a criminal offense and no charges were filed.

Contact us today to discuss your case and check your eligibility. 

Once a person has completed all of the terms of their sentence (including payment of all fines, fees and restitution, and has been discharged by the court) the following waiting periods apply before a person is eligible to petition to have their criminal record sealed: 

1.   10 years for a class 2 or 3 felony.

2.   5 years for a class 4, 5 or 6 felony.

3.   3 years for a class 1 misdemeanor.

4.   2 years for a class 2 or 3 misdemeanor.

No Delay - There is no wait period if the case is never charged, it is dismissed, or results in a not guilty verdict at trial. 

Prior Felony Conviction

For those with a prior historical felony conviction, the person must wait an additional 5 years before petitioning to the court to seal their records of arrest and conviction. 

Two or More Offenses

For those with two or more offenses, you must wait to petition the court to seal your records until the periods of time listed above has passed for each conviction.

Conviction and arrest records cannot be sealed for certain categories of offenses such as dangerous offenses, serious offenses, dangerous crimes against children, sexual offenses, and violent offenses. Arizona conviction sealing does not apply to a person who is:

1. Sentenced as a dangerous offender.

2. Convicted of a dangerous crime against children.

3. Convicted of a serious offense or violent or aggravated felony.

4. Convicted of any offense that involves the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the knowing infliction of serious physical injury on another person.

5. Convicted of sex trafficking.

6. Convicted of a class 2, 3, 4 or 5 felony offense that is a Sexual Offense or Sexual Exploitation of Children. 

Generally, no. The legislature intended that a person whose conviction and criminal record has been sealed can respond that they have never been convicted of that offense in all instances such as for questions on employment, housing, financial aid or loan applications. 

This is certainly a big step in the right direction to offer relief to people struggling to find employment due to a past conviction. 

However, there are several exceptions to non-disclosure of sealed records that should be noted. For example, if your conviction relates in any way to a job that you are applying for, you must disclose it. Drug offenses fall under the exception as well, which requires disclosure when specifically asked. Some examples where disclosure is required include where the sealed records involved:

• Burglary or theft and the person is applying for a job that requires entering and performing services inside a residence;
• Child abuse or aggravated assault and the person is applying for a job involving any care to a minor;
• Vulnerable adult abuse and the person is applying for a job involving any care to a vulnerable adult or a person at least 65-years old;
• Theft, forgery, or fraud and the person is applying for a position overseeing the financial affairs of another;
• The sealed case records involved a violation of driving under the influence (DUI), operating under the influence of a watercraft (OUI), theft of means of transportation, or prohibited operation of an aircraft and the person is applying for a job involving the commercial or private operation of a motor vehicle, boat or airplane.
• The person is applying for a job in law enforcement or other government/state justice entity such as child welfare agency, the court, the probation department;
• The person is applying for a fingerprint clearance card;
• Any drug offense listed in the Arizona Criminal Code in Title 13, Chapter 34;
• In instances involving child custody issues;
• When the disclosure is required to comply with provisions of medicare, medicaid or any other federal health care program. 
• When the disclosure is required by state or federal law.

If you are not sure when you should disclose, contact your attorney to discuss the issue. If you choose to disclose the records, you can also inform the party that the court has sealed the conviction and criminal records associated with the case. The fact that records have been sealed certainly softens the impact of disclosure because it shows the court has granted you post-conviction relief in the case, which is a positive outcome.  

Note: At this time, the state of Arizona does not offer criminal record expungement. The main difference between records being expunged versus sealed is that expunged records would be essentially purged from the records. However, having a criminal record sealed purges the record from public view only so it is not visible to simple background checkers. Arizona state entities retain the ability to access sealed criminal records and use them for subsequent prosecution if the record is admissible. 

Yes. Sealed records remain a part of the person's criminal record for use by the state of Arizona or a political subdivision of the state. All conviction records that are sealed may be used as a conviction in subsequent prosecution as though it had not been sealed. 

For example, sealed criminal records can be used as a historical prior felony conviction, for all admissible purposes in a subsequent trial, and for sentence enhancement.

The purpose of sealing your criminal records is to seal it from public view, not from the state government. The government maintains access to all criminal records. 

Set Aside a Conviction

For people looking for criminal record expungement or criminal record cleanup, a set aside is a great option to start with. Arizona does not provide criminal record expungement. However, a set aside provides a way to have a person's criminal charges and DUI charges dismissed after conviction. The wait period to apply is much shorter than in the case for having a criminal record sealed. 

In fact, it is beneficial to first have an eligible conviction set aside and then later file to have the records sealed for the best possible outcome for record cleanup. The result would be a set aside (dismissed) conviction and records that are sealed from public view. This can be a very positive outcome for people who are seeking employment.

A set aside accomplishes several things, when granted in full:

• Sets judgment of guilt aside and dismisses the charges
• Dismisses the complaint / charging document
• Restores civil rights lost as a result of the conviction: your right to vote, hold public office, sit on a jury, and the right to own firearms.

Additionally, Arizonans may also receive a certificate of second chance within the set aside Order. A certificate of second chance:

• Releases the person from all barriers and disabilities in obtaining an occupational license resulting from the conviction if the person is otherwise qualified. 
• Extends a limited liability release to employers of the person and housing providers under A.R.S. 12-558.03.    

Scottsdale Arizona Criminal Defense Attorney Dave Smith is experienced in post-conviction relief and knows how to get results. 

Call for a free consultation: (602) 813-3004      

Click HERE for more information on conviction expungement and criminal record cleanup.