ARIZONA PETITION TO SEAL CRIMINAL CASE RECORDS ATTORNEY

• 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; or

• Two years for a class 2 or 3 misdemeanor

 

A person whose case records have been sealed who commits a subsequent felony offense may petition the court pursuant to subsection E relating to the subsequent felony offense after the applicable period of time above for the subsequent felony has expired and an additional five years have passed.

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A person must have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records. 

A person may not apply to seal his or her criminal records if any of the following applies:

• Sentenced as a dangerous offender pursuant to section 13-704;

• Convicted of a dangerous crime against children as defined in section 13-705;

• Convicted of a serious offense or violent or aggravated felony as defined in section 13-706;

• Convicted of any offense that has the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the knowing infliction of serious physical injury on another person as an element of the offense;

• Convicted of sex trafficking pursuant to section 13-1307; or

• Convicted of a class 2, 3, 4 or 5 felony offense that is included in chapter 14 or 35.1 of this title

A person whose records are sealed may state that he or she has never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction in response to questions on employment, housing, financial aid or loan applications unless one of the following applies:

• The person is submitting an application that requires a fingerprint clearance card;

• The sealed case records involve a violation of chapter 34 of this title;

• The sealed case records involve burglary or theft from a residential or nonresidential structure and the person is applying for a job that requires entering into and performing services inside of a residential structure;

• The sealed case records involve child abuse or aggravated assault and the person is applying for a job involving supervising, educating or administering care to a minor;

• The sealed case records involve vulnerable adult abuse and the person is applying for a job involving supervising or administering care to a vulnerable adult or a person who is at least sixty-five years of age;

• The sealed case records involve a violation of operating/driving a motor vehicle, boat or airplane under the influence and the person is applying for a job involving the commercial or private operation of a motor vehicle, boat or airplane;

• The sealed case records involve theft, theft of means of transportation, forgery, taking the identity of another or fraudulent schemes and artifices and the person is applying for a job involving accounting, overseeing, transporting, handling or managing another person’s money or financial assets;

• The person is applying for a position with a law enforcement agency, a prosecutor’s office, a court, a probation department, a child welfare agency as defined in section 8-501, the department of child safety, the department of juvenile corrections or the state department of corrections;

• The person is undergoing a background check for the placement with that person of a child who is in the custody of the department of child safety;

• The disclosure is required by a state or federal law; or

• The disclosure is required to comply with program integrity provisions of Medicare, Medicaid, or any other federal health care program.

The person’s employer is not liable for hiring or contracting with the person as prescribed in section 12-558.03. 

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Petitioning the Court to seal your criminal case records is more complicated than it looks.  Lisa is an experienced attorney who will prepare and file a powerful, persuasive petition.  Call LisaLaw, LLC or fill out the online case form for a free consultation.