If an old criminal case is still showing up on job applications, rental screenings, or loan applications, you may be wondering whether Arizona law gives you a way to move forward. The answer is yes.
Arizona has a powerful law, A.R.S. 13-911, that allows many people to ask the court to seal an old criminal case. If the judge grants the motion, the case is removed from public records, and in many situations, you can say “no” when asked whether you have been convicted of a crime. That is a major change from the old Arizona “set aside” process.
For people trying to rebuild their lives, get a better job, rent an apartment, or move past a mistake from years ago, this law can be life-changing.
What Is the Best Way to Explain Arizona’s Record Sealing Law?
The simplest explanation is this:
Arizona’s motion to seal law allows eligible people to ask a judge to seal an old arrest, charge, or conviction from public records. If granted, the case is no longer visible in normal Arizona public-record searches, and that can make a big difference in employment, housing, and background checks.
This Arizona law took effect in 2023 and is found in A.R.S. 13-911. It applies to Arizona cases and can cover not only convictions, but also arrests with no charges, and cases that were charged but dropped.
Why Is Sealing a Record Better Than a Set Aside?
Before Arizona’s motion to seal law, many people used a motion to set aside.
That older process could help with some rights restoration issues, but it did not remove the case from public view. Under A.R.S. 13-907, a background check could still show the old case, but the notation would be that the case had been dismissed, dropped, or vacated.
By contrast, a motion to seal removes the case from Arizona public records. That is what makes the law so valuable. In practical terms, many employers, landlords, and background check services pull information from those public records. If the record is sealed, it may no longer appear.
Can You Say No If Asked About a Criminal Conviction?
In many situations, yes.
One of the biggest benefits of Arizona’s Motion to Seal law is that if your case is sealed, you can truthfully say “no” when asked on a job application, rental application, or loan form whether you have been convicted of a crime.
That is the strongest selling point of this law because it can remove a major barrier that follows people for years after a conviction.
What Cases Can Be Sealed in Arizona?
Many Arizona cases may qualify, but not all.
Some serious cases are excluded, including cases like murder, armed robbery, certain offenses involving children, and other severe cases where long prison sentences were served.
At the same time, many misdemeanor and felony cases may still qualify. Even some gun-related cases may be eligible for filing, depending on their exact nature, though judges will be more cautious with them.
How Long Do You Have to Wait to Seal a Criminal Record in Arizona?
The waiting period begins after you finish all requirements of the case, such as fines, restitution, probation, and any other conditions of your sentence.
The law gives these general waiting periods:
- No waiting period for certain arrests that did not lead to a conviction
- 2 years for class 2 and class 3 misdemeanors
- 3 years for class 1 misdemeanors, such as DUI cases
- 5 years for class 4, 5, and 6 felonies
- 10 years for class 2 and class 3 felonies that are still eligible to be sealed
Even though the above waiting periods are the law, waiting the minimum number of years may not always be enough. Judges still have a lot of discretion, and filing too soon can lead to a denial.
What Are the Biggest Reasons Motions to Seal Get Denied?
The three biggest reasons are:
1. Filing too soon
Even if you technically meet the minimum waiting period, a judge may still decide that not enough time has passed to show rehabilitation.
2. Unpaid fines, restitution, or unfinished requirements
If anything remains unpaid or incomplete from the original case, the motion may be denied.
3. Not enough supporting evidence
This is a major point. Often, people file a basic form without attaching proof of rehabilitation, character letters, or other supporting materials. Meanwhile, the prosecutor may present the negative facts from the old case.
If the judge only sees the bad facts from the prosecutor and little else, the motion is more likely to fail.
What Evidence Helps a Motion to Seal?
Strong supporting evidence can matter a lot.
It’s a good idea to give the judge evidence of good character, such as letters from family, friends, employers, or church members. The goal is to show that you have changed, stayed out of trouble, and deserve to have your case sealed.
What helps an Arizona motion to seal?
Answer: Character letters, proof that all fines are paid, proof that probation or sentence terms were completed, and evidence showing rehabilitation and stability.
How Long Does the Arizona Motion to Seal Process Take?
Once the motion is filed, the process often takes about six to nine months, depending on the county. The court gives various agencies time to respond, including the prosecutor, probation, prison system, and financial division. Under law there is a 60 day window for these other parties to respond.
Given the popularity of this new law, the Courts are busy, and this is not a quick process.
Are There Any Exceptions After a Record Is Sealed?
Yes. There are still situations where a sealed case may still need to be disclosed.
A major example is fingerprint clearance card jobs, such as teaching, law enforcement, or some healthcare roles. Also, there are also certain job-specific exceptions where the old offense relates directly to the work being sought.
Final Thoughts: Is Arizona Record Sealing Worth Looking Into?
For many people, absolutely yes. I’ve said before that this Motion to Seal law is the best Arizona law I’ve seen in 26 years of practicing law here.
If an old Arizona case is still hurting your job opportunities, housing applications, or peace of mind, Arizona’s motion to seal law may offer a real second chance.
The key is understanding whether your case qualifies, whether enough time has passed, and whether you can present the court with a strong, well-supported motion.
Please contact me immediately at derronw@msn.com if you would like to seal your old criminal case.