Seal Your Arrest in Arizona

Tucson Criminal Lawyer

A new law going into effect December 31, 2022 will permit certain people in Arizona to seal arrest records from their criminal records.  In short, Arizona Senate Bill 1294, which passed in 2022, will allow for many people arrested in Arizona to seal their arrest records.  This new law allows for sealing of arrests that occurred prior to the law going into effect, as well as for those arrested in the future.

This relief is new, and something not previously available under Arizona law.  If you have previously applied for a set aside or had civil rights or gun rights restored, you may also be eligible to go one step further and have court and arrest records sealed.  If you had previously been arrested but not charged with a crime, acquitted, or had charges dismissed, you will likely be eligible for this relief now, even though it was not available in the past.
MORE ABOUT CLEANING UP YOUR CRIMINAL HISTORY

The Arizona Department of Public Safety's Criminal History Records Division keeps track of every arrest in Arizona and adds the information to the person's criminal history.  This takes place even in cases where no charges were filed in court, and in cases where an arrested person had their charges dismissed or was acquitted.  The records are then forwarded to the FBI's Criminal Justice Information Services Division, the largest and most frequently used database when conducting a background check.

"Sealing" a record means taking a record out of the public's view.  This could include records maintained by a court, law enforcement agency, or other government actor.  A sealing order is a court order that restricts access to or disclosure of any record or document.  For years, Arizona law has allowed for sealing of various types of documents, including search warrant affidavits, court documents containing the information of minors or victims, and more.  Finally added to the list of records which a court can seal: arrest records.

This is a landmark change for many people.  Those who were not convicted of any crime, but who had been arrested, would still have an "arrest record."  Similarly, those who were convicted, but who had their convictions "set aside" would still have a vestige of a criminal history in the form of an "arrest record."

The new law does not cover all arrests.  Criminal offenses committed with the use of a firearm, sexually motivated offenses, offenses requiring sex offender registration, crimes against a victim under 15, and certain driving offenses are not eligible for sealing of arrest.

THE APPLICABLE ARIZONA STATUTE:
A.R.S. § 13-911- Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition (FULL TEXT)
A.R.S. 13-911 states that people who meet the following requirements can have their criminal records sealed:

• A person who has been convicted of a crime and has satisfied all of the terms and requirements of the sentence issued by the court, including the payment of all monetary obligations and restitution to all victims, may file a petition to have all case files pertaining to the crime sealed.
• Having been accused of a crime and having the accusation later dropped or having received a not guilty finding at trial.
• Arrested for a crime, but no charges were brought.

According to Arizona law, having your arrest ordered sealed by the court means that you can lawfully assert that you were not arrested and hides the records from public view.  This can affect employment, housing, access to schools/hospitals/military bases/jails and more.  Additionally, an arrest record, even with no conviction, can result in difficulties with the background checks conducted for firearm purchases, professional licensing, and more.  Without associated court records, the agency reviewing a criminal history with an arrest, might not be able to determine what the final disposition of that arrest was.

There is also a long list of things that sealing a record doesn't do, including: use of a prior as a prior conviction for harsher punishments on a new case, use of a prior conviction to impeach a witness' testimony, or to show an element of a new offense.  Additionally, those applying for a professional license with a state or national licensing agency (e.g. nursing, real estate, law license) are generally expected to disclose even sealed matters.  Consult with an administrative law lawyer who specializes in professional licensing when applying for a professional license with any criminal history.

Because applications for sealing will not be reviewed until the new law goes into effect at the end of 2022, it is not clear exactly how long the process to seal an arrest will take.  Note that for more serious offenses, a period of time may need to pass before eligibility.  Additionally, the Court will likely not take action on your petition in less than 30 days as written into the statute.  Beyond that, the length of time this process takes will vary from court to court.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR CONVICTED OF A CRIME IN ARIZONA, CONTACT THE TUCSON DEFENDERS TODAY TO SEE HOW WE MIGHT BE ABLE TO HELP YOU PETITION THE COURT TO SEAL ANY ASSOCIATED RECORDS.  520-585-5757.

Pima County Superior Court
Pima County Justice Court
Tucson City Court

AZ Dept Public Safety Record Review Packet
AZ Set Aside Statute (ARS 13-905)
AZ Restore Firearm Rights Statute (ARS 13-910)