Sealing Criminal Records in Arizona A.R.S. 13-911

Arizona’s record sealing law under A.R.S. § 13-911, effective January 2023, allows eligible individuals to petition to seal their criminal records from public view. Unlike a set-aside which merely notes “dismissed,” a sealed record is removed from public background checks entirely. This law represents the strongest form of criminal record relief available in Arizona and can transform your ability to find employment, housing, and professional opportunities. At Oliverson Law DUI & Criminal Defense, we help clients navigate the sealing process from petition to court order. Call (480) 582-3637 for a free consultation.

Key Takeaways

• Sealed Records Are Hidden from Public: Unlike a set-aside, a sealed record is removed from public background checks. Employers, landlords, and most agencies cannot see it.
• Waiting Periods Apply: You must wait 2-3 years after completing your sentence for misdemeanors and 5-10 years for felonies before petitioning to seal.
• Not All Offenses Qualify: Dangerous offenses, serious violent crimes, sex offenses requiring registration, and offenses against minors under 15 are not eligible for sealing.

Who Is Eligible for Record Sealing?

Eligibility depends on the offense, your criminal history, and the time elapsed since completing your sentence. Most misdemeanor and non-dangerous felony convictions are eligible after the required waiting period. You must have completed all terms of your sentence including prison, probation, fines, restitution, and community service. You must not have any pending criminal charges.

Waiting Periods by Offense

Class 2 or 3 misdemeanor: 2 years. Class 1 misdemeanor: 3 years. Class 6 felony: 5 years. Class 4 or 5 felony: 5 years. Class 2 or 3 felony: 10 years. These periods run from the date you complete all terms of your sentence, not from the date of conviction.

The Sealing Process

Filing a petition to seal requires identifying all relevant court records, preparing the petition with supporting documentation, filing it with the original trial court, and attending a hearing if the court schedules one. The prosecutor and victims are notified and may object. The court considers the nature of the offense, your rehabilitation, the time elapsed, and the impact on public safety.

Sealing vs. Set-Aside: Key Differences

A set-aside under A.R.S. § 13-907 changes the record to show “dismissed” but does not hide it. A sealed record under A.R.S. § 13-911 is removed from public view entirely. Sealing provides stronger protection for employment, housing, and background checks. However, sealed records remain accessible to law enforcement, prosecutors, and certain government agencies. Both options can be pursued — many clients obtain a set-aside first, then petition to seal after the waiting period.

Related Articles

• Clearing a Criminal Record in Arizona
• Post-Conviction Appeals
• Arizona Criminal Law Overview

Frequently Asked Questions

What is the difference between sealing and expunging a record? Arizona does not offer true expungement (complete erasure). Sealing under A.R.S. § 13-911 is the closest equivalent — it removes the record from public view but it still exists in the system for law enforcement purposes.

Will a sealed record show up on a background check? Standard employer and landlord background checks should not reveal a sealed record. However, law enforcement agencies, prosecutors, and certain government positions may still access sealed records.

Can a DUI be sealed in Arizona? Most DUI convictions are eligible for sealing after the required waiting period (3 years for misdemeanor DUI, 5+ years for felony aggravated DUI). Contact our office to determine your eligibility.

How long does the sealing process take? From filing the petition to receiving the court’s order, the process typically takes 2-4 months. If the court schedules a hearing or the prosecution objects, it may take longer.