Understanding Arizona's Record Sealing Law: A Path Toward Second Chances

In Arizona, a criminal record can create long-lasting roadblocks to employment, housing, education, and overall reintegration—even long after a person has completed their sentence. Fortunately, Arizona's record sealing law, A.R.S. § 13-911 (often confused with expungement), offers qualifying individuals a legal opportunity to move forward. At Chuck Franklin Law, we help clients navigate this process and fight for the second chance they deserve.

Expungement vs. Record Sealing: What's the Difference?

Expungement is a legal process that completely erases a criminal record, as if the event never occurred. Once expunged, the record is destroyed or deleted, and in most cases, the individual can legally deny that the incident ever happened—even in legal or government contexts.

Record sealing, on the other hand, does not erase or destroy the record. Instead, it restricts public access to the record while allowing certain government entities to retain access under specific conditions. Arizona law does not currently allow expungement of criminal convictions—only record sealing is available.

What Does It Mean to "Seal" a Record?

Sealing a record restricts public access to your arrest, charge, or conviction history. It is not the same as expungement, but it offers significant relief:

The record still exists but is hidden from public view, including background checks for employment, housing, or education.
You may legally state that you have not been arrested, charged, or convicted of the sealed crime—with exceptions, such as applying for a law enforcement job or a security clearance.
Government agencies, including law enforcement, may still access sealed records under specific circumstances.
The Arizona Department of Public Safety (DPS) will mark the record as "sealed" in your Criminal History Report—it is not deleted like in expungement, but flagged as sealed.

Who Qualifies for Record Sealing?

You may qualify to petition the court for record sealing if:

You completed all terms of a conviction, including probation, treatment programs, community service, and full payment of fines, fees, and restitution.
You were charged but later acquitted, or the charges were dismissed.
You were arrested but never formally charged.

Important: Not all offenses qualify. Certain serious offenses are specifically excluded from record sealing under the statute.

Who Is Not Eligible to Seal Their Record?

Certain offenses are never eligible under A.R.S. § 13-911(O):

Dangerous offenses as defined in A.R.S. § 13-105 (13)
Serious or violent felonies under A.R.S. § 13-706
Crimes involving the use or threat of a deadly weapon or serious physical injury
Sex trafficking under A.R.S. § 13-1307
A class 2, 3, 4, or 5 felony, under Title 13
- Chapter 14 or 35.1
Dangerous crimes against children, as defined in A.R.S. § 13-705, include serious offenses such as:
- Sexual offenses involving minors, including assault, molestation, and exploitation.
- Child trafficking or using children in prostitution.
- Kidnapping, violent assault, or serious physical abuse of a child.
- Using or involving children in drug-related crimes
- Luring or deceiving a child for sexual purposes, including lying about age

Record Sealing and Its Impact on Immigration

It's important to understand that sealing a criminal record in Arizona does not erase it for immigration purposes. Even if your record is no longer accessible to the public under state law, federal immigration authorities can still see sealed, expunged, or dismissed charges. This means that arrests, charges, or convictions—no matter their outcome—can still affect immigration applications, including green cards, visas, and naturalization.

If you're not a U.S. citizen and have any kind of criminal record, speak with an immigration attorney before filing a petition to seal your record or applying for any immigration benefit. Sealed records must still be disclosed on forms like the USCIS N-400, which is the Application for Naturalization, and failing to do so can lead to serious consequences, including denial or removal.

U.S. Citizenship and Immigration Services (USCIS) requires you to report all past offenses, including expunged records, pardoned offenses, and any charges before age 18. Failing to disclose could lead to denial of your application. You must provide court records showing the outcome of each incident and proof that probation, parole, or any sentence has ended. If records are unavailable, submit a certified statement from the court or agency.

Please see the table below for reference on what documentation is required in relation to each type of criminal history or incident:

If You Have EVER:	You Must Provide:
Been arrested or detained for any reason anywhere in the world and NO CHARGES WERE FILED.	An arrest report; and An official statement from the arresting agency or applicable court confirming that no charges were filed.
Been convicted or placed in an alternative sentence program (such as diversion, deferred prosecution, withheld adjudication, deferred adjudication) or rehabilitative program (including a drug treatment or community service program).	The sentencing record for each incident; and Evidence that you completed your alternative sentencing or rehabilitative programs.
Been arrested or detained for any reason anywhere in the world and CHARGES WERE FILED.	Documentation of all arrest reports, charging documents, court dispositions, sentencing reports, and any other relevant documents; and Any additional evidence that you would like us to consider concerning the circumstances of your arrests or convictions. NOTE: If you were sentenced to jail or prison or received an alternative sentence or probation, you must also provide evidence to show that you completed your period of jail, prison, alternative sentence, or probation.
Been convicted or placed in an alternative sentence program (such as diversion, deferred prosecution, withheld adjudication, deferred adjudication) or rehabilitative program (including a drug treatment or community service program).	The sentencing record for each incident; and Evidence that you completed your alternative sentencing or rehabilitative programs.
Been convicted and sentenced (including if your sentence was suspended, or you were placed on probation or parole).	The sentencing record for each incident; and Evidence that you completed your sentence, such as probation or parole records.
Had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, or received a pardon.	A motion to vacate and court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction from your record; An application or petition for a pardon and final decision granting your application or petition for a pardon; or A statement from the court that no record exists of your arrest or conviction.
Been in a traffic incident.	Documentation of traffic incidents only if the incident: Involved alcohol or drugs; Led to an arrest; or Seriously injured another person.
Been ordered to pay a fine, make restitution, or have your wages garnished.	Documentation of the order to pay a fine, restitution, or garnish wages; and Documentation that you have paid the required sum or evidence of current payment.

For more information visit: USCIS: Form N-400 Instructions

How Long Must You Wait?

The waiting period to file a petition depends on the severity of the offense:

10 years for Class 2 or 3 felonies
5 years for Class 4, 5, or 6 felonies
3 years for Class 1 misdemeanors
2 years for Class 2 or 3 misdemeanors

If you have previously had a record sealed and are seeking to seal a subsequent felony, an additional 5 years must pass after the standard waiting period for that felony offense.

How to File a Petition to Seal

Step 1: Determine the correct court.

You must file in one of the following:

The court of conviction
The court where charges were dismissed
The court of your initial appearance (if no charges filed)
The superior court of the county where you were arrested (if no charges or appearance occurred)

Step 2: Prepare your paperwork.

You'll need:

A petition to seal with proper jurisdictional information
Certificate of Absolute Discharge (if applicable)
Proof that all financial obligations are paid
A declaration confirming accuracy
Any prior sealing petition case numbers

Step 3: Submit the petition and request a hearing (optional).

If no party requests a hearing, the court may decide without one (A.R.S. § 13- 911(D))
If denied, you must wait three years before reapplying.

Additional Useful Links:

What Happens After You File?

Once a petition is filed:

The court will notify the prosecutor and any victims involved.
The Arizona Department of Public Safety will compile a full criminal history report.
The court may schedule a hearing, especially if requested by any party.

What the Court Considers

The court must determine whether sealing your record is in the best interests of both you and public safety. They will review:

Your full criminal history
Compliance with all sentence conditions
Victim input (if applicable)
Whether you have sealed prior convictions
Supporting materials (e.g., statement of rehabilitation)

If granted, the court notifies:

Arizona Department of Public Safety
The prosecutor's office
Any victims involved (if they opted in)

Agencies are required to mark the record as sealed in both electronic and physical files

Need Help Sealing Your Record?

At Chuck Franklin Law, with over 37 years of experience, we understand that navigating Arizona's record sealing statute can be overwhelming. The process requires precise documentation, strict adherence to timelines, and a clear understanding of the law. Missing a requirement—like failing to include a certificate of absolute discharge—can lead to unnecessary delays or even denial of your petition.

If you're looking for expungement in Arizona, know that while true expungement isn't available, record sealing offers a powerful alternative that can protect your future.

Whether you're sealing your first conviction or seeking to clear a subsequent felony from your record, our team is here to guide you through every step. We work closely with clients to ensure all legal conditions are met and that each petition is filed accurately and strategically.

Sources:

Disclaimer

This posted blog is in no way specific legal advice on any subject. It is intended to provide general information for the public.

If you need specific legal advice, call Chuck at 480-545-0700

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