Arizona allows sealing of arrest, charge, and conviction records under A.R.S. 13-911, effective January 1, 2023. Waiting periods run from 2 years for Class 2 or 3 misdemeanors, 3 years for Class 1 misdemeanors, 5 years for Class 4 to 6 felonies, and 10 years for Class 2 or 3 felonies, measured from sentence completion. Eligibility requires no new charges during the waiting period and no pending criminal cases. Sealed records do not appear on standard background checks and you may lawfully answer no to most application questions. The most serious offenses (dangerous, sex, violent, DUI on suspended license) are excluded under A.R.S. 13-911(O). Call (480) 582-3637 to evaluate eligibility.
What Sealing a Record Means Under A.R.S. 13-911
Effective January 1, 2023, A.R.S. 13-911 allows Arizona courts to seal arrest, charging, conviction, and sentencing records. Once sealed, the record is removed from public access, does not appear on standard background checks, and does not have to be disclosed to most employers, landlords, or schools under A.R.S. 13-911(K).
Sealing is different from expungement. Sealed records still exist for limited law enforcement use, court reopening, and certain regulated industries. Expungement (full erasure) is available only under A.R.S. 36-2862 for certain marijuana offenses.
Waiting Periods by Offense Class
| Offense Class | Waiting Period |
|---|---|
| Class 2 or 3 felony | 10 years |
| Class 4, 5, or 6 felony | 5 years |
| Class 1 misdemeanor | 3 years |
| Class 2 or 3 misdemeanor | 2 years |
| Acquittal or dismissal | Immediately |
Waiting periods start on the date the sentence is completed, including all probation and supervised release. Unpaid restitution pauses the waiting period under A.R.S. 13-911(F).
Who Is Eligible to Seal
To qualify under A.R.S. 13-911(B), the petitioner must have:
- Completed all terms of the sentence including probation, restitution, fines, and treatment
- Waited the full statutory period
- No new criminal charges during the waiting period
- No pending criminal cases at the time of petition
Offenses That Cannot Be Sealed
Arizona excludes the most serious offenses from sealing under A.R.S. 13-911(O). These include dangerous offenses, dangerous crimes against children, serious offenses, violent offenses, sex offenses, and DUI offenses where the defendant was driving with a suspended license. Most other felony and misdemeanor convictions are eligible.
Petition Process Step by Step
Gather records
Get certified court documents for every case including disposition, sentence, and proof of completion.
Confirm eligibility
Check the offense class, waiting period start date, and any disqualifying conditions.
File the petition
File in the court of conviction. The court forwards the petition to the prosecutor for response within 30 days.
Attend the hearing
If the prosecutor objects, the court holds a hearing. The petitioner has the burden to show statutory compliance.
Order distribution
Once granted, the court sends the sealing order to AZ DPS, FBI, and any other agency holding the record.
What Happens After Your Record Is Sealed
Once a record is sealed under A.R.S. 13-911, the petitioner may lawfully answer “no” to most application questions about prior arrests or convictions. The record is removed from public court access, online court records, and standard third-party background checks.
Sealed records still appear for federal firearm purchases, certain professional licensing boards (medical, legal, education), and law enforcement employment. Derek Oliverson can advise which professional applications still require disclosure.
Frequently Asked Questions
Waiting periods under A.R.S. 13-911 are 2 years for Class 2 or 3 misdemeanors, 3 years for Class 1 misdemeanors, 5 years for Class 4-6 felonies, and 10 years for Class 2 or 3 felonies. The clock starts when the sentence is fully completed including probation, restitution, and fines.
No. Sealing under A.R.S. 13-911 removes the record from public access but keeps it for limited law enforcement and licensing uses. Full expungement (erasure) is only available under A.R.S. 36-2862 for certain pre-2021 marijuana offenses. Most Arizona records can be sealed but not erased.
Most first-time and second-time DUI convictions can be sealed after 5 years for misdemeanor offenses or 5 to 10 years for felony aggravated DUI. DUI offenses where the defendant was driving on a suspended license at the time are excluded under A.R.S. 13-911(O)(5).
No, sealed records do not appear on standard third-party background checks, online court records, or routine employer screening. They still appear for federal firearms purchases (NICS), certain professional licensing boards (medical, legal, education), and law enforcement employment applications.
In most cases, no. A.R.S. 13-911(K) lets you lawfully answer no to questions about prior arrests or convictions once sealed, except for certain regulated professions including healthcare, law, education, real estate, and any application requiring federal fingerprint clearance.
Technically no but legal help significantly improves the chance of success. The prosecutor may object on technical grounds. A skilled criminal defense lawyer drafts the petition to address eligibility under A.R.S. 13-911(B) preemptively and represents you at any contested hearing.
Arizona record sealing under A.R.S. 13-911 can remove a conviction from background checks, open employment opportunities, and restore peace of mind. Derek Oliverson has helped Arizonans clean records since 2009.