Can I Get My Criminal Record Expunged in Arizona?
I get asked the question “can I have my criminal record expunged in Arizona?” by clients all the time. This is probably because in 2021 a law was passed that, for the first time in Arizona history, allowed Arizonans to remove their criminal records to some effect on a large scale. However, there is a big and distinct difference between expungement and record sealing.
First, let’s be clear—Arizona’s new law does not expunge a person’s record. However, the law does allow for record sealing, which is still of great significance considering that this is the first-time record sealing on this scale has been available in Arizona history. While most hope that we will move further in these efforts, this is a big first step for Arizona.
To understand what Arizona’s record sealing law covers and doesn’t cover, it’s best to go straight to the source and read the law. The statute that’s applicable is ARS 13-911. The key difference between expungement and record sealing is the fact that once a record is expunged, it is effectively and legally erased forever. However, record sealing is different in the fact that it will always be available on some level to some entities. Also, the sealed conviction may be used against you in the future in certain circumstances.
That said, the new law does seal your record from public view and in most cases allows you to report that you’ve never been convicted of that crime. The law hides the conviction from public view. But after being sealed, the conviction will be visible to law enforcement and prosecuting agencies and may even be used against you if you are convicted of a crime in the future depending on the circumstances.
 |
Expungement | Record Sealing |
|---|---|---|
| Outcome | Complete erasure of the record | Limited access, but record still exists |
| Public Accessibility | Not accessible to anyone | Accessible to specific entities |
| Legal Status | Conviction is treated as if it never existed | Exists but is hidden |
| Eligibility | Varies by offense type | Also varies but may be available to a more broad set of criminal conduct. |
| Court Process | Requires a petition and possible hearing | Requires a petition in Arizona, although some states have automatic record sealing. |
Which convictions are eligible for record sealing in Arizona? How long do I have to wait?
To understand if Arizona’s record sealing law is available to you, the first step is to understand if the crime that you were convicted of is eligible under the law. Not all convictions are eligible for record sealing. Some of the offenses that are ineligible for record sealing include a dangerous offense, a dangerous crime against children, a serious offence or violent / aggravated felony, and a select other few. To understand if a certain crime fits under these categories, you must look at the definitions section under Title 13 and the Arizona Revised Statutes.
If you or your lawyer determine that your offense is eligible, the next step is to determine if the prescribed time limits have passed and to ensure that you have completed all of the requirements of the sentence. Once all the requirements of a sentence have been completed, the clock starts ticking and you must wait for a specific amount of time to pass depending on the class and categorization of the crime you were convicted of. For a class two or three felony a person must wait ten years after the completion of all of the requirements of their sentence. For a class four, five or six felony a person must wait five years. For a class one misdemeanor a person must wait three years, and for a class two or three misdemeanor a person must wait two years. This analysis gets a bit more complicated if you have prior convictions, but can be navigated by looking to ARS 13-911.
Be careful, the stakes are high if the court denies your petition.
This analysis may seem straightforward, but there are many nuances that can make determination of eligibility / timelines very tricky. The law isn’t exactly clear on some aspects, and it is not always a clean analysis. That said, other situations can be very straightforward. No matter the situation, the important part is to make sure that you get it right the first time. The reason this is so important is because subsection L of the record sealing statute states that:
if the court denies a petition to seal case records, a person may not file a new petition until three years after the date of the denial.
This means that if the court denies a petition for being invalid, incorrect, or ineligible—that individual will need to start the clock over and wait three years from the denial before they’re able to file another petition to seal. It is very important to get it right the first time.
Do I need to disclose my conviction after it has been sealed?
There are other provisions and ARS 13-911 that are important to understand if you file a petition and it is granted. For example, if your petition is granted, you must know what your obligations are as far as reporting to employers or other relevant parties. Generally speaking, a person whose records are sealed may state in all instances that the person has never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction. This includes responses to questions on employment, housing, financial aid, or loan applications. However, there are exceptions to this. It is important to understand these exceptions, and there are a lot of them. Some examples of the exceptions are if you are applying for a fingerprint clearance card, if the conviction involved a form of theft or child abuse, or if federal law requires reporting it. These are just a couple of examples, and the complete list can be found in ARS 13-911(I)(5). We’ve created a chart to help navigate this part of the law.
| Disclosure Condition | Details |
|---|---|
| 1. Fingerprint Clearance | If applying for a position requiring a fingerprint clearance card under Title 41, Chapter 12, Article 3.1. |
| 2. Class 2 or Class 3 Felonies | If the sealed records involve a class 2 or class 3 felony from Chapter 34 of this title (involving drugs, usually drug sales). |
| 3. Burglary, Theft, or Organized Retail Theft | If records involve burglary (sections 13-1506, 13-1507, 13-1508), theft (section 13-1802), or organized retail theft from a nonresidential structure when applying for relevant jobs. |
| 4. Child Abuse or Aggravated Assault | If records involve child abuse (section 13-3623) or aggravated assault (section 13-1204) while applying for jobs involving children. |
| 5. Vulnerable Adult Abuse | If records involve vulnerable adult abuse (section 13-3623) and applying for jobs involving care for vulnerable adults or seniors (65+ years). |
| 6. Motor Vehicle, Boat, or Airplane Operations | If records involve certain motor vehicle offenses (multiple sections listed) while applying for relevant jobs in transportation. |
| 7. Financial Crimes | If records involve violations from specific chapters, especially regarding handling financial assets, when applying for related jobs. |
| 8. Law Enforcement Positions | If applying for a position with any law enforcement agency, prosecutor’s office, or related department. |
| 9. Background Checks for Child Placement | If undergoing checks related to the placement of a child by the Department of Child Safety. |
| 10. Required by Law | If disclosure is mandated by any state or federal law. |
| 11. Federal Health Program Compliance | If disclosure is necessary to meet program integrity provisions of Medicare, Medicaid, or related programs. |
Do I need to hire a lawyer to seal my case records?
Some attorneys may not tell you this, but the short answer is no. Almost all jurisdictions have self-service petitions or applications that are readily available to the public on their websites. Some are easier than others to navigate. I’ve created this blog to try to help folks understand some of the complexities of the law around record sealing. I also offer free consultations and am willing to answer questions and try to point folks in the right direction free of charge. So, feel “free” to give me a call.
I always tell my clients that you do not need an attorney to apply to have your record sealed, but you may want to consider hiring someone if your case is at all complicated. The stakes are just too high. Remember, if you submit the application / petition and it is denied—you must wait three years before you apply again.
My general advice to people is to look at the law, take a look at the application, and see how you feel. If you feel fine to do it yourself, go for it. If you’re unsure, give me a call and we can talk through it. If you decide it’s something that you just don’t want to do and you’d rather hire someone to do it for you, we will happily represent you if it is a good fit.
