Record Sealing in Arizona
An old arrest or conviction can follow you into job interviews and rental applications. Sealing may let you move forward, and the details of your case decide when and how.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We take a meticulous approach to every step of this process, because the details matter.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-911 lets you petition to seal the case records of an arrest with no charges, a charge that was dismissed or ended in a not guilty verdict, or a conviction once your sentence is complete.
- Who qualifies: Most offenses, after the waiting period. Some serious offenses are excluded by § 13-911(O).
- Waiting period: From immediately for a petty offense to ten years for a class 2 or 3 felony, counted from discharge under § 13-911(E).
- Where you file the petition: Usually the court where you were convicted or where the charges were filed, as § 13-911(C) describes.
- What to do now: Confirm your discharge date, make sure all court-ordered money, including fines and restitution, is paid and talk with a lawyer before you file, because a denial starts a three year wait.
What the law says
Under § 13-911(A), you may petition to seal "all case records related to a criminal offense" if you were convicted and completed every term of the sentence, including payment of all monetary obligations and restitution to all victims; if you were charged and the charge was dismissed or you were found not guilty at trial; or if you were arrested and no charges were filed. Under § 13-911(G), everything the court ordered you to pay must be paid at the time you file the petition.
The process runs through § 13-911(D):
- The clerk gives the prosecutor a copy of the petition, and the prosecutor may respond and request a hearing.
- If a victim made a request for postconviction notice, the prosecutor must give that victim notice of the petition and of the victim's rights. The victim may be present and heard.
- The court may not grant or deny the petition until sixty calendar days after it receives the petition, unless it receives notice that the prosecutor and all victims who requested notice do not object.
- Unless someone requests a hearing, the court may decide without one.
- The court "shall grant the petition" if granting it is "in the best interests of the petitioner and the public's safety."
Under § 13-911(H), the court asks the Department of Public Safety for a report of your state and federal arrests, prosecutions and convictions. That report helps the court decide, so its accuracy matters.
Waiting periods and exclusions
For a conviction, the clock in § 13-911(E) starts after you complete all nonmonetary terms of your sentence and are discharged by the court.
| Conviction | Waiting period after discharge |
|---|---|
| Class 2 or 3 felony | Ten years |
| Class 4, 5 or 6 felony | Five years |
| Class 1 misdemeanor | Three years |
| Class 2 or 3 misdemeanor | Two years |
| Petty offense | Immediately |
| A later felony after an earlier sealing | The period for that felony plus an additional five years (§ 13-911(F)) |
Under § 13-911(O), these offenses cannot be sealed:
- A dangerous offense, or a dangerous crime against children.
- A serious offense or a violent or aggravated felony as defined in § 13-706.
- An offense with the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument as an element, or with the knowing infliction of serious physical injury as an element.
- Sex trafficking under § 13-1307.
- A class 2, 3, 4 or 5 felony in chapter 14 or 35.1 of title 13.
What sealing does
Under § 13-911(I), the court issues an order sealing all records of the arrest, conviction and sentence. The clerk may provide sealed records only to the people and agencies listed in § 13-911(J), and the Department of Public Safety must mark the records as sealed and inform state and federal law enforcement agencies.
After sealing, § 13-911(I) says you "may state, in all instances," that you have never been arrested for, charged with or convicted of that crime, including on employment, housing, financial aid and loan applications. There are exceptions. They include:
- Applications that require a fingerprint clearance card.
- Jobs with a law enforcement agency, a prosecutor's office, a court, a probation department, a child welfare agency, the Department of Child Safety or a corrections agency.
- Jobs driving a vehicle, boat or airplane, if the sealed case involved DUI or certain other listed offenses.
- Certain jobs caring for children or vulnerable adults, or handling other people's money, when the sealed case involved related offenses.
- Any disclosure required by state or federal law.
What sealing does not do
Sealing limits who can see the records, but § 13-911(B) still allows sealed records to be alleged as an element of a later offense, used as a historical prior felony conviction, used to impeach a witness, used to enhance a later sentence, including under the DUI statutes, and pleaded and proved in a later prosecution. Under § 13-911(P), law enforcement agencies keep their records, and sealing does not stop the Department of Public Safety or the board of fingerprinting from considering the conviction for a clearance card.
Denials. Under § 13-911(L), if the court denies your petition, "a person may not file a new petition until three years after the date of the denial." Getting it right the first time matters.
Convictions and pleas. If your case is still open, keep in mind that avoiding jail is not the same as avoiding a conviction. Sealing comes years later and has limits.
Firearms. Section 13-911 does not itself address firearm rights. Restoration is handled separately, including through a set-aside.
Immigration. Federal immigration law, including 8 U.S.C. § 1227(a)(2), has its own rules, and sealing may not change them. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
How we help with record sealing
- Eligibility and timing. We check the class of each conviction, the exclusions in § 13-911(O), your discharge date and whether everything owed has been paid.
- The background report. We review the Department of Public Safety report for errors before the court relies on it.
- The petition. We explain why sealing serves your interests and is consistent with public safety, with support for what you have done since the case.
- Objections and hearings. If the prosecutor responds or asks for a hearing, we prepare you and present your side.
- Combining tools. Many people pursue a set-aside and sealing together. If your case involved marijuana, a marijuana expungement may be available instead.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Not in Arizona. In many places, to expunge means to destroy or strike out records, as described in Cornell LII Wex: expunge, which is general background and not Arizona law. Section 13-911 seals records and limits access, and it does not say the records are destroyed. Marijuana expungement under a different statute works differently.
Yes. Section 13-911(A) covers dismissed charges, not guilty verdicts and arrests with no charges filed. Under § 13-911(C), you file in the court where the charges were filed, the court where you had an initial appearance, or, if there was no initial appearance and no charges, the superior court in the county of the arrest.
Under § 13-911(L), you must wait three years from the date of the denial before you can file a new petition. That rule applies to sealing petitions under § 13-911. It is a good reason to make sure the first petition is complete and well supported.
For most employment, housing, financial aid and loan applications, § 13-911(I) lets you say you were never arrested, charged or convicted for that crime. The exceptions include fingerprint clearance card applications, law enforcement and court jobs, and disclosures required by law. A lawyer can tell you which exceptions apply to the jobs you want.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
Cornell Legal Information Institute
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