How to File for Expungement in Arizona

Sealing: file a petition to seal case records in the court of conviction (or the court where charges were filed or dismissed). The clerk sends a copy to the prosecutor; the court generally waits 60 days unless the prosecutor and victims say they do not object, and may rule without a hearing unless one is requested. The court asks the Department of Public Safety for a criminal history report and grants the petition if it is in the best interests of the petitioner and public safety. After a denial, a new petition cannot be filed for three years. Set-aside: the person, attorney or probation officer applies to the sentencing court; the state or victim has 30 days to object, and the court considers the offense, compliance with the sentence, other convictions, victim input, time elapsed and age.

The clerk may not charge a filing fee for an application to set aside a conviction. For sealing, the Department of Public Safety may charge a fee for its background investigation and a fee to correct the criminal history after sealing is granted, but not if the petitioner is indigent or the case ended in dismissal, acquittal or no charges.

A person may petition to seal all case records if the person was arrested and no charges were filed, or was charged and the charge was dismissed or ended in a not-guilty verdict. There is no waiting period for these petitions. The petition is filed in the court where the charges were filed, the court of initial appearance, or (if there was no appearance) the superior court in the county of arrest. Separately, a person who was wrongfully arrested, indicted or charged may petition the superior court for a notation that the person has been cleared; after a hearing the court may also bar release of those records except by court order.

The Arizona Department of Public Safety (AZDPS) Central State Repository keeps Arizona criminal history records, and under A.R.S. 41-1750 the subject of a record may review it to check its accuracy and completeness. Have a full set of rolled fingerprints taken by an official at a law enforcement agency, with your identifying information and "RECORD REVIEW" written as the reason fingerprinted; complete the Record Review Contact Information Sheet; and mail them to AZDPS Central State Repository Section, P.O. Box 18450, Mail Drop 3110, Phoenix, AZ 85005-8450. A copy of any existing Arizona record is mailed (or emailed, if you give an address) within about two weeks. Questions: (602) 223-2229.