Introduction to Having Your Criminal Records Sealed in Arizona

Starting January 1, 2023, the Arizona legislature enacted a law which allows a person to file a petition to seal all of their case records related to all criminal offenses in Arizona. An individual who has been charged with a crime may file a petition to seal their records if the person was:

• Charged with a criminal offense that was either dismissed or resulted in a not guilty verdict at trial; or
• Arrested for a crime and charges were not filed; or
• Convicted of a criminal offense and has since completed all of the terms and conditions of their sentence, including the payment of all fines and obligations to any victims.

 

Who is Eligible to Have their Criminal Record Sealed in Arizona?

Under A.R.S. 13-91, individuals who meet the following criteria are eligible to have their criminal record sealed:

A person may file a petition to seal all case records related to a criminal offense if the person was:

1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence imposed by the court, including the payment of all monetary obligations and restitution to all victims.
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.

 

When Can Your Sealed Records Still be Used Against You

All case records that are sealed pursuant to this section may be:

1. Alleged as an element of an offense.
2. Used as a historical prior felony conviction.
3. Admissible for impeaching any party or witness in a subsequent trial.
4. Used to enhance the sentence for a subsequent felony.
5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382.
6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state.
7. Used as a conviction if the conviction would be admissible if the conviction was not sealed.

 

When Are You Ineligible To Have Your Record Sealed?

You are ineligible for your record to be sealed if you case relates to the following;

1. Sentenced as a dangerous offender pursuant to section 13-704.
2. Convicted of a dangerous crime against children as defined in section 13-705.
3. Convicted of a serious offense or violent or aggravated felony as defined in section 13-706.
4. Convicted of any offense that has either of the following as an element of the offense:
   1. The discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
   2. The knowing infliction of serious physical injury on another person.
5. Convicted of sex trafficking pursuant to section 13-1307.
6. Convicted of a class 2, 3, 4 or 5 felony offense that is included in chapter 14 or 35.1 of this title.

 

When Can You File To Have Your Records Sealed?

Once you have completed all of the terms of your sentence, including serving your jail/prison time, paying all court ordered fines, fees, and restitution, and are discharged by the court, you will still have to wait a period of time before you can file the petition to seal depending on the type of offense you were convicted of.  The necessary waiting time is:

1. Ten years for a Class 2 or 3 felony.
2. Five years for a Class 4, 5, or 6 felony.
3. Three years for a Class 1 misdemeanor.
4. Two years for a Class 2 or 3 misdemeanor.

 

What does Sealing Your Criminal Record Mean?

When you are charged or convicted of a crime, that criminal record follows you for your entire lifetime, and it seriously affects your ability to get an education, to find a job and it can even hinder them in finding a place to live. This means that even though you have served your jail time and completed everything you were ordered to do by the court, you can still be discriminated against.

When you have your criminal record sealed, the records relating to the crime are hidden from public records, and no one can view the contents of the record without a court order. When a record is sealed, employers, landlords, and schools that run a background check will not come up with any record of your criminal conduct.

 

Experienced and Aggressive Criminal Defense in Arizona

Your criminal defense team at Oliverson Law DUI & Criminal Defense fights for your future and we do everything we can to make sure you past doesn’t haunt you forever.  We will do everything for you that we would do for ourselves, and will work to get you the best possible outcome.

If you have been arrested or charged with a crime, Oliverson Law DUI & Criminal Defense is here to help. Our team includes a former police officer, prosecutors, and judge and we have successfully helped thousands of clients throughout Arizona to obtain the best case results.

Call us today at (480) 582-3637!