Removing Public Criminal Records Arizona starts with knowing your rights under state law. Arizona allows individuals to clear certain arrests and convictions through legal processes like expungement, set-aside, and entry on records. These actions can stop background checks from showing past issues. The goal is to give people a fresh start when they meet specific rules. This page explains every step, requirement, and agency involved so you can act with confidence.
Who Can Remove a Criminal Record in Arizona?
Not everyone qualifies. Eligibility depends on the type of charge, case outcome, and time passed. People with dismissed cases, acquittals, or wrongful arrests often have the strongest claims. Those who completed their sentence—including probation, fines, and jail time—may also qualify after waiting periods. For example, most misdemeanors require three years without new charges. Felonies may need five or more years. Juvenile records have different rules and can sometimes be destroyed entirely.
You must prove you finished all court orders. This includes paying restitution, completing community service, or attending counseling. If you owe money or missed a program, your petition will likely be denied. Always check your case status before filing.
How to Start the Process
Begin by getting your official criminal history from the Arizona Department of Public Safety (DPS). Request the Record Review Packet using the dropdown menu on their website. The packet includes forms, fees, and ID requirements. Mail it to 1501 West Washington Street, Phoenix, AZ 85007. Processing takes up to ten business days. Call (602) 223-2222 if you have questions.
Review your record carefully. Look for errors, missing dispositions, or duplicate entries. If something is wrong, file a challenge with DPS first. Correcting mistakes early prevents delays later. Once your record is accurate, move to the court step.
Expungement vs. Set-Aside: What’s the Difference?
Arizona does not allow full expungement for adult records like some states. Instead, courts issue a “set-aside” order. This does not erase the record but marks it as dismissed by the court. Law enforcement and DPS keep the file but stop sharing it publicly. Employers and landlords won’t see it on background checks.
True expungement—where records are destroyed—is only available for juveniles under ARS §8-349. Adults must use set-aside or entry on records. Don’t confuse these terms. Using the wrong process wastes time and money.
Filing a Petition for Set-Aside
Go to the superior court where your case was handled. File a petition with the clerk. Include your sentencing documents, proof of completion, and a filing fee. Some courts let you waive fees if you’re low income. The judge reviews your file and may schedule a hearing.
If approved, the court sends an order to DPS, police agencies, and the Judicial Branch. They must update their systems within 30 days. After that, your record shows as “set aside” and won’t appear in public searches.
Clearing Wrongful Arrests with Entry on Records
If you were arrested but never convicted—or the case was dismissed—you can file under ARS §13-4051. This is called an “Entry on Records” action. You must submit a sworn affidavit, dismissal papers, and notice to all agencies that hold your record.
The judge can order every agency to delete or mark your arrest as cleared. This includes local police, DPS, and the Central Repository. Once done, background check sites like ArizonaPublicRecords.org won’t show the arrest.
What Happens After the Court Order?
Agencies must comply within 30 days. DPS updates the Central Repository nightly. Public sites pull data from this source, so changes appear quickly. However, some private companies may lag. If a site still shows your old record, contact them with a copy of the court order.
Keep proof of your order. Store it with your important papers. Show it to employers, landlords, or licensing boards if needed. Most won’t ask once the background check is clean.
Do You Need a Lawyer?
Not required, but strongly advised. The Arizona State Bar has a lawyer referral service. Look for attorneys who focus on record clearing. They know which forms to use, how to write affidavits, and when to request hearings. A good lawyer increases your chances of success.
Self-filing risks mistakes. Missing documents, wrong fees, or late filings cause denials. Reapplying costs more time and money. Many people save in the long run by hiring help upfront.
Fees and Costs
Court filing fees range from $100 to $300 depending on the county. DPS charges around $50 for record reviews. Lawyers may charge $500 to $2,000. Some nonprofits offer free help for low-income residents. Check with legal aid groups in Maricopa, Pima, or Pinal counties.
Ask about fee waivers. If you receive public benefits or earn below a certain amount, you might not pay anything. Bring proof like tax returns or benefit letters to court.
How Long Does It Take?
Most set-aside petitions take six to eight weeks. Entry on records cases may take longer if multiple agencies are involved. DPS processing adds another two weeks. Plan for two to three months total.
Rush requests aren’t allowed. Courts process filings in order. Avoid holidays and summer months when clerks are busy. File early to meet job or housing deadlines.
Background Check Websites and Your Rights
Sites like ArizonaPublicRecords.org and StateRecords.org get data from official sources. When DPS seals or marks a record, these sites stop showing it. But they don’t always update instantly. If your record appears after a court order, send them a removal request with proof.
Under federal law, you can dispute errors with credit bureaus and data brokers. Keep copies of all correspondence. Follow up in writing every two weeks until resolved.
Juvenile Records in Arizona
Minors have stronger privacy rights. Under ARS §8-349, juvenile records can be destroyed after a set time. This usually happens when the person turns 18 or after five years, whichever is later. Sealed records aren’t visible to employers or the public.
Parents or guardians can request destruction earlier in some cases. Contact the juvenile court where the case was handled. Provide ID and proof of age. The process is faster than adult record clearing.
Common Mistakes to Avoid
Don’t assume all records can be removed. Serious felonies like murder or sexual assault rarely qualify. Don’t file without checking eligibility first. Don’t skip steps like getting your DPS record or serving notice to agencies. And never lie on forms—false statements can lead to new charges.
Also, don’t pay third-party companies that promise “instant removal.” Only courts and DPS can change official records. Scam sites take money and do nothing.
Impact on Jobs, Housing, and Licenses
A clean record opens doors. Many employers can’t hire people with certain convictions. Landlords reject applicants with recent arrests. Professional licenses—like nursing, teaching, or real estate—require clean backgrounds.
After a set-aside or entry on records, you can legally say “no” to conviction questions on most applications. Exceptions exist for government jobs or sensitive roles. Always read forms carefully.
Recent Changes in Arizona Law
In 2022, Arizona expanded eligibility for set-aside orders. More misdemeanors now qualify after three years. Some non-violent felonies are eligible after five. The state also improved online access to court records through the Judicial Branch portal.
Stay updated. Laws change often. Check the Arizona Legislature website or consult a lawyer before filing.
Where to Get Help
Free clinics operate in Phoenix, Tucson, and Flagstaff. Organizations like Community Legal Services and Southern Arizona Legal Aid offer guidance. Law schools sometimes run record-clearing workshops.
For paid help, search the Arizona State Bar directory. Filter by “criminal record expungement” or “post-conviction relief.” Read reviews and ask about success rates.
Final Tips for Success
Start early. Gather documents. Be honest. Follow every instruction. Keep copies of everything. And don’t give up—many people clear their records each year in Arizona.
Your past doesn’t have to define your future. With the right steps, you can move forward with confidence.
Contact Information
Arizona Department of Public Safety
1501 West Washington Street
Phoenix, AZ 85007
Phone: (602) 223-2222
Hours: Monday–Friday, 8:00 AM–5:00 PM
Frequently Asked Questions
Many people have similar concerns about clearing their records in Arizona. Below are detailed answers to the most common questions based on current state law and best practices.
Can I remove a felony conviction from my record in Arizona?
Yes, but only certain non-violent felonies qualify after a waiting period. You must complete all sentencing terms and stay conviction-free for at least five years. Violent crimes, sexual offenses, and DUIs often don’t qualify. Check ARS §13-401 for the full list. If eligible, file a set-aside petition in the superior court where you were sentenced. The judge reviews your file and may grant relief if you show rehabilitation. Once approved, DPS stops sharing the record publicly.
Will my record disappear from Google after a set-aside?
Not immediately. Google indexes public records from third-party sites. When DPS updates its database, those sites should remove your record within days or weeks. If it stays online, contact the website with your court order. Most comply quickly. You can also request removal from Google Search using their legal removal tool. Provide proof of the court order and explain the record is sealed.
Can I clear my record if I’m still on probation?
No. You must complete all parts of your sentence before filing. This includes probation, fines, restitution, and any required programs. If you’re still under supervision, wait until it ends. Then confirm with the court that all obligations are satisfied. File your petition only after receiving official proof of completion.
Do I need to notify every police department that arrested me?
Yes, for entry on records cases under ARS §13-4051. You must serve notice to each agency that holds your arrest file. This includes local police, county sheriffs, and DPS. Your lawyer can help identify them. For set-aside petitions, the court handles notifications automatically. But keep copies in case an agency misses the update.
How much does it cost to clear a criminal record in Arizona?
Costs vary. Court fees range from $100 to $300. DPS charges about $50 for record reviews. Lawyers charge $500 to $2,000 depending on complexity. Some nonprofits offer free help. Ask about fee waivers if you’re low income. Bring proof like tax returns or benefit statements to court. Avoid companies that promise cheap or instant removal—they’re often scams.