People in Arizona who are arrested for or convicted of a crime can face lasting consequences, even if they did not commit the alleged offense. The social ramifications of a criminal arrest or conviction can be just as serious as the court-ordered penalties. One option that people dealing with this issue have is to request that the court seal their criminal records. When a criminal record has been sealed, it is no longer easily accessible to anyone with internet access through a public records search. However, there are still certain circumstances that require the disclosure of a sealed criminal record. Because of how difficult it can be to find evidence of criminal allegations after a record has been sealed, the applicant does need to let potential employers know about the seal when seeking employment in certain areas. Read on to learn more about the criminal record sealing process and when an applicant is required to disclose the contents of their criminal record. If you’re seeking a skilled attorney to handle your post-conviction relief matters in Phoenix or Tucson, call 480-531-8178 to schedule your free consultation with our firm.

Sealing a Criminal Record In Arizona

A person who has been arrested for a crime, found not guilty of a crime at trial or had the charges against them dismissed, or convicted of a crime and completed their sentencing requirements can apply to have their criminal record sealed in Arizona. The procedures for this are set forth by A.R.S. § 13-911. 

If the person seeking to seal their criminal record, or the applicant, was convicted of the offense in question, they will need to wait a certain amount of time before submitting their application with the court. For a class 2 or 3 misdemeanor, the waiting period is two years. The waiting period increases to three years for a class 1 misdemeanor. If the defendant was convicted of a class 4, 5, or 6 felony, they must wait five years before seeking to seal their criminal record. Finally, a defendant convicted of a class 2 or class 3 felony must wait ten years to seal their criminal record in Arizona. An applicant who was only arrested and never charged, or charged but dismissed or found not guilty will not be bound by these waiting periods. If the applicant has been convicted of multiple offenses, they will need to wait until the waiting period for each offense has passed before application. 

The first step to the criminal record sealing process in Arizona is to fill out the petition. The applicant will need to list their name, birth date, mailing address, phone number, and email address- double check to make sure this information is filled out accurately to avoid delays. If your name was different at the time of the arrest, conviction, etc., make sure to inform the court of this in your application- the most common reason that this becomes relevant is if the applicant changed their name after getting married. You will also need to list the requirements set forth, if applicable, and whether or not you completed them. If you are missing any of this information, you should contact the attorney who represented you in the matter. You can also check the Department of Public Safety and the Arizona Judicial Branch for more information about your case.  

There are other items of information you can include in your application. If you have it available, include the date and location of your arrest. You can also include the name of the arresting agency and prosecuting agency involved in your case. If your case was filed in a justice court before being transferred to a superior court, include the justice court name and case number. 

Besides basic information about yourself and your case, you will need to answer questions about your compliance with sentencing requirements. First, indicate whether or not you have completed the monetary requirements of your sentencing. Next, you should indicate if you have completed all other requirements. You should also indicate if you were ordered to probation and if those requirements have been completed. You can include your order of discharge from probation with your application to make matters clearer for any court staff responsible for reviewing your application. If you have a certificate of absolute discharge from the Department of Corrections, you should include this as well. If any of your requirements have not been completed, you will need to provide convincing evidence as to why the court should grant your application despite having unfulfilled requirements remaining. Filling out your information correctly and making your arguments in a persuasive way is easier said than done. For guidance from an experienced Arizona defense attorney, call 480-531-8178 for your free consultation. 

When Do I Need To Disclose The Contents Of a Sealed Criminal Record?

Even if you were not convicted of a crime and have sealed your criminal record, you may need to disclose its contents when applying to certain jobs. If you have questions about whether your sealed criminal record needs to be disclosed in a given situation, you can contact our firm for your free consultation at 480-531-8178. Situations in which you must disclose the contents of a sealed criminal record in Arizona include:

• Jobs that involve supervising, educating, or administering care to a minor: Child abuse, aggravated assault
• Jobs that involve supervising or administering care to a vulnerable adult or a person who is at least 65 years old: Vulnerable adult abuse
• Jobs that require entering into and performing services inside of a residential structure: Burglary, theft from a residential or nonresidential structure
• Jobs involving accounting, overseeing, transporting, handling, or managing another person’s money or financial assets: Theft, theft of means of transportation, forgery, taking the identity of another, fraudulent schemes and artifices
• Background check for placement of child custody: All offenses
• Position with a law enforcement agency, a prosecutor’s office, a court, a probation department, a child welfare agency, the department of child safety, the department of juvenile corrections, or the state department of corrections: All offenses
• Jobs involving the commercial or private operation of a motor vehicle, boat, or airplane: DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, BUI (operating a motorized watercraft under the influence), theft of means of transportation, prohibited operation of an aircraft
• Any offense to comply with the provisions of medicare, Medicaid, or any other federal health program
• Any other time as required by state or federal law

Skilled Arizona Defense Attorneys For Criminal Record Sealing & Post-Conviction Relief

An applicant considering seeking a record seal may benefit from other forms of post-conviction relief that are available in Arizona, including rights restoration and a motion to set aside. Our skilled defense team can simplify the process, answer your questions, and make sure all of your applications comply with Arizona law. When it’s how you will be received and treated for the rest of your life on the line, there is no room for error. Trust your case with an experienced team of legal professionals. To get started with your free consultation by phone, contact us at My Az Criminal Defense or call 480-531-8178.