Arizona Record Sealing Attorneys (ARS 13-911)

Who is eligible for Arizona record sealing?

Eligibility depends on the offense class and how much time has passed since absolute discharge (completion of all sentence conditions including probation and supervised release). General waiting periods: Class 1 misdemeanor — 3 years; Class 2 or 3 misdemeanor — 2 years; Class 4, 5, or 6 felony — 5 years; Class 2 or 3 non-dangerous felony — 5 years (with limitations).

Certain offenses are excluded entirely: sexual offenses requiring sex-offender registration, dangerous crimes against children, first- or second-degree murder, and other enumerated serious offenses. DUI and aggravated DUI convictions are NOT eligible for sealing. An attorney can review the specific charge code to confirm eligibility.

How is sealing different from a set-aside?

A set-aside (ARS 13-905) vacates the judgment and dismisses the charge, but the record remains accessible to the public and still shows on background checks with a "Set Aside" notation. Sealing under ARS 13-911 hides the record from public view — employers, landlords, and members of the public generally cannot see it on a background check.

Law enforcement agencies, prosecutors, courts, and certain licensing boards can still access sealed records. The record is not destroyed — it is restricted. For most employment and housing purposes, however, a sealed record provides substantially more protection than a set-aside alone.

Can I seal a record I already had set aside?

Yes. If a conviction was previously set aside under ARS 13-905 and the offense is eligible under ARS 13-911, the person can petition for sealing in addition. In practice, many Arizona residents are filing for both set-aside and sealing in the same petition for maximum protection.

Process and timeline

Petition the Superior Court in the county of conviction. The petition must include the case number, offense, and proof the waiting period has been met. The prosecutor receives notice and may object. If no objection is filed within the statutory period, courts typically grant the petition. If contested, a hearing is scheduled. Total timeline: 60–150 days depending on county workload.

How to seal a criminal record in Arizona

1. Confirm waiting period has passed. Calculate the date of absolute discharge (end of probation or supervised release) and verify the required waiting period — 2, 3, or 5 years depending on offense class — has been met.
2. Check offense eligibility. Confirm the specific charge statute is not on the ARS 13-911 excluded-offense list. DUI, sex offenses, and dangerous crimes against children are excluded.
3. Obtain certified court records. Request a certified copy of the judgment, sentencing order, and proof of discharge from the county Superior Court clerk.
4. Prepare and file the petition. File the ARS 13-911 Petition to Seal Criminal Records in the Superior Court of the county of conviction. Pay the filing fee (varies by county; fee waiver available for qualified petitioners).
5. Serve the prosecutor. Provide written notice to the county attorney. The prosecutor has a statutory period to object. If no objection is filed, the court may rule without a hearing.
6. Attend hearing if required. If the prosecutor objects or the court sets a hearing, appear and present evidence that sealing is warranted.
7. Receive and distribute the order. Once the court grants the petition, certified copies go to the Arizona Department of Public Safety, the arresting agency, and any other agencies holding records.

Statutes cited

• ARS § 13-911 (Sealing of criminal records) — ARS § 13-911
• ARS § 13-905 (Set aside judgment of convicted person) — ARS § 13-905

Frequently asked questions

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