Beginning on December 31, 2022, a person who is arrested, convicted, or sentenced before, on, or after December 31, 2022, may petition an Arizona court to have their criminal case record sealed.
This means that even if an individual was never convicted of a charge(s) (i.e. were found not guilty at trial or the charge(s) were dismissed), they are still eligible to have the records associated with the incident sealed (i.e. police records, charging documents, etc.)
If the court grants the petition under A.R.S. § 13-911, the petitioner would be allowed to state on employment, housing, and financial aid or loan applications that they have never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction.
Who is eligible to have their criminal case records sealed?
An individual may petition the court to seal their records of arrest, conviction and sentence after:
- The person completes all of the terms and conditions of the person’s sentence, including paying all fines, fees and restitution that are ordered by the court, AND
- The following period of time has passed since the person completed the conditions of probation or sentence and was discharged by the court:
- Ten years for a class 2 or 3 felony.
- Five years for a class 4, 5 or 6 felony.
- Three years for a class 1 misdemeanor.
- Two years for a class 2 or 3 misdemeanor.
What is the difference between sealing my criminal case records and having my conviction set aside?
When an individual has their conviction set aside, the conviction remains on the individual’s record and is still available to the public. Additionally, an individual who has had their conviction set aside must still disclose their conviction when asked about it on applications for things such as housing, employment, financial aid, and loan applications.
Should I work with a lawyer to petition the court to seal my criminal case records?
Given the administrative nature of filing a petition to seal criminal case records, one of the best ways to ensure you adhere to deadlines, correctly follow procedures, and are prepared to state your case is to work with an experienced attorney.
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