Quick Navigation:
- What Does it Mean to Seal a Criminal Record in Arizona?
- How ARS § 13-911 Differs From a Set Aside
- Who is Eligible to Seal Their Criminal Record in Arizona?
- Waiting Periods Before You Can File a Petition to Seal
- The Petition Process for Sealing a Record in Arizona
- How a Certificate of Second Chance Can Help
- FAQs About Sealing Criminal Records in Arizona
- Contact a Criminal Defense Attorney From CHM Law
Having a criminal record in Arizona can affect nearly every part of your life. A past mistake, whether it was a misdemeanor or felony, can follow you into job interviews, rental applications, or even volunteer opportunities at your child’s school.
Many people believe they must live with that conviction for the rest of their lives.
Fortunately, Arizona’s relatively new law, ARS § 13-911, now allows eligible individuals to have their records sealed from public view.
This law represents a significant shift in Arizona criminal law. For years, the only relief available was to have a conviction “set aside” under ARS § 13-905, which does not remove the record from public access, unlike the new expungement options.
The record sealing law, passed in 2023, offers something closer to a true expungement in Arizona. If your case is eligible, sealing means your record is hidden from most background checks, allowing you to move forward without the weight of your past mistakes.
In this article, we will explain how record sealing under ARS § 13-911 works, who is eligible, the types of offenses that may qualify, and the process for filing a petition. We will also cover why hiring an experienced criminal defense attorney from CHM Law can make the difference in whether your petition is approved.
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ARS 13-911: Sealing Criminal Records in Arizona – How an Expungement Lawyer Can Change Your Future
What Does it Mean to Seal a Criminal Record in Arizona?
When a record is sealed under ARS § 13-911, the court orders that the case records related to a criminal offense are removed from public access.
This includes records from the arrest, charges, and criminal conviction that may impact your ability to expunge your record.
While law enforcement and certain government agencies may still have access to sealed records, private employers, landlords, and the general public will no longer have access.
In practice, sealing a criminal record in Arizona means the conviction will not appear on a standard background check.
For many people, this difference in their criminal charges in Arizona is life-changing. It may allow someone with a past misdemeanor shoplifting offense in Scottsdale to finally secure steady employment or enable a person with an old drug possession conviction in Tempe to qualify for housing they were previously denied.
It is important to remember that sealing does not erase the record entirely.
Unlike in some states that offer true expungement, Arizona law still allows courts and prosecutors to access sealed documents in future criminal cases.
Still, the benefit of removing your conviction from public view cannot be overstated.
How ARS § 13-911 Differs From a Set Aside
Before the 2023 law, the main option in Arizona was to have a conviction “set aside” under ARS § 13-905. While helpful, a set aside does not seal or hide the criminal record from public view.
Instead, the court updates the record to reflect that the conviction has been legally set aside after successful completion of sentencing.
The difference matters when applying for jobs or housing. For example, if a Phoenix employer runs a background check, a set-aside conviction will still appear, even though it is marked as set aside. With a sealed record under ARS § 13-911, that criminal conviction would not show up at all on most background checks, ensuring a clean slate for the individual.
Another distinction is that sealing protects not only convictions but also arrests and charges that were dismissed or where you were found not guilty.
This means that even if you were never convicted, but your case records still haunt you, sealing can provide relief.
Who is Eligible to Seal Their Criminal Record in Arizona?
Eligibility for sealing depends on the type of offense and the time that has passed since completion of the sentence.
Under ARS § 13-911, most misdemeanors and some felonies in Arizona may qualify for record expungement, although some serious offenses are excluded.
Ineligible offenses include dangerous crimes against children, violent sexual offenses, and certain serious felonies.
If you were convicted of a lower-level felony, such as theft or possession of drugs for personal use, you may be eligible once the waiting period is complete.
For example, someone in Mesa convicted of felony theft in 2015, who completed probation in 2017, may now be eligible to petition for sealing.
Similarly, a misdemeanor DUI from 2019 in Glendale could be eligible for sealing once the applicable waiting period has run.
Each case is different, and the specific eligibility must be evaluated based on the statute.
Waiting Periods Before You Can File a Petition to Seal
ARS § 13-911 requires specific waiting periods before you can file a petition to seal your record in Arizona.
These waiting periods begin after you have completed your sentence, including probation, prison time, and payment of fines or restitution, before you can petition the court to seal their records.
The general waiting periods are:
- Two to three years for most misdemeanors.
- Five years for class 4, 5, and 6 felonies.
- Ten years for class 2 and 3 felonies.
These waiting periods ensure that the individual has demonstrated rehabilitation before being eligible to request the sealing of their records.
Because eligibility is tied to completion of the entire sentence, even unpaid restitution can delay the waiting period. An experienced criminal defense lawyer can review your case records and determine when you are eligible for sealing.
The Petition Process for Sealing a Record in Arizona
To start the process, an individual can file a petition to seal in the court where the case was handled initially. The petition must include details of the criminal conviction, proof of sentence completion, and any supporting documents demonstrating rehabilitation, especially in the context of record sealing in Arizona.
Once filed, the court will notify the prosecutor and may set a hearing. At the hearing, the judge will consider factors such as the nature of the offense, your criminal history, and your conduct since the conviction. The prosecutor can object, but ultimately the judge decides whether to grant the petition to seal their records.
Filing a petition to seal is not automatic; it requires careful attention to the legal requirements in Arizona.
Many petitions to expunge or seal records are denied due to technical errors, missing documents, or because the person misunderstood eligibility rules.
This is why having a defense attorney guide you throughout the process can significantly improve your chances of success.
How a Certificate of Second Chance Can Help
In addition to sealing records in Arizona, Arizona law allows individuals with convictions to apply for a Certificate of Second Chance, providing another avenue for legal representation. This certificate can help restore civil rights, including eligibility for specific occupational licenses.
For example, if you have a sealed conviction but still want to apply for a professional license in Arizona, a Certificate of Second Chance can be paired with your sealed record to improve your application. While not every offense qualifies, many people benefit from combining both remedies.
The attorneys at CHM Law regularly assist clients in filing petitions for record sealing and applications for a Certificate of Second Chance, providing them with the strongest possible opportunity for a fresh start.
FAQs About Sealing Criminal Records in Arizona
Can every conviction be sealed in Arizona?
No. Some offenses, including violent crimes and sex crimes, are excluded. An attorney can review your eligibility under ARS § 13-911.
Does sealing my criminal record erase it completely?
No. Sealing removes the record from public view, but law enforcement and courts can still see the criminal record expunged.
What if my case were dismissed?
You can still file a petition to seal dismissed charges and arrests, which will keep them off background checks.
Do I need a lawyer to file a petition?
You can file on your own, but a defense lawyer from a reputable law firm improves your chances by ensuring eligibility and filing correctly.
How long does the process take?
It can take several months, depending on the court’s schedule and whether the prosecutor objects.
Will sealing help me get a job and allow me to move forward after a conviction in Arizona?
In most cases, yes. Employers running standard background checks will not see sealed convictions.
Can I seal multiple convictions?
Yes, but each case requires its own petition.
Contact a Criminal Defense Attorney From CHM Law
Arizona’s new record sealing law gives people a second chance to move beyond past mistakes. Whether you are dealing with a misdemeanor DUI, a felony theft, or dismissed charges that still appear on background checks, ARS § 13-911 may provide the relief you need.
At Colburn Hintze Maletta, our criminal defense attorneys have extensive experience with Arizona expungement and record sealing petitions. We understand how to prepare strong petitions, provide legal advice to address objections from prosecutors, and present your case in the best light.
If you are ready to seal your record and reclaim your future after being convicted of a criminal offense, call us today for a free consultation at 602-825-2500 or contact us online at https://chmlaw.com.
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