Instructions for Completeing the Petition to Seal Criminal Case Records

Pursuant to ARS Section 13-911

Who Can Use the Petition Form

You may file a petition to seal all case records related to a criminal offense if you were:

  • Convicted of a criminal offense and have completed all the terms and conditions of the sentence that were imposed by the court, including the payment of all monetary obligations and restitution to all victims.
    OR
  • Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at trial.
    OR
  • Arrested for a criminal offense and no charges were filed.

Where to File Your Petition

  • If you were convicted of an offense listed in the petition: You must file in the court where you were convicted.
  • If all charges were dismissed, you were found NOT guilty on ALL charges, or the convition was vacated: You must file in the court where the indictment, information, criminal citation or complaint was filed against you. (Exception: if the citation or complaint was filed in a justice court and your case was subsequently transferred to the superior court, the petition must be filed in the superior court.)
  • If NO charges were filed but you had an initial appearance: You must file in the court where you had your initial appearance.
  • If you were arrested but NO initial appearance was held and NO charges were filed: You must file the petition in the superior court in the county where you were arrested.
  • If you have multiple cases, you must file a separate petition for each case as set forth above.

Required Information

To complete the petition, you must, at a minimum, provide the court with the following information as required by Rule 36.1, Arizona Rules of Criminal Procedure: 

  • Your name, address, date of birth, and email address.
  • Any name you used at the time of arrest, charge, or conviction, if different from your current name.
  • The offense(s) for which you are requesting records be sealed and if charges were filed, the court’s case number.
  • Whether there are any outstanding fines, fees, restitution, or other court-ordered financial obligations for the offense.
  • Whether you have completed the conditions of your probation or sentence.

If you were represented in court by an attorney, your defense attorney may be able to provide any information needed to fill out the petition. You may also contact the arresting agency or search public record archives to gather pertinent information.

Complete the Petition and Provide Required Information

  • At the top of the first page, type or print the name, mailing address, email address, and phone number of the person filing this form.
  • Print the name of the court where you are filing the petition.
  • Below, fill in the caption as it appears in the case for which you seek to have your case records sealed. If no charges were filed and this is a petition to seal only arrest records, put your name in the “In Re the Matter of:” portion of the caption instead of the “STATE OF ARIZONA” portion of the caption.
  • Indicate the type of criminal records you are asking the court to seal. Check only the boxes that apply.
  1. Petitioner's Information (required)
    1. Enter your name, address, date of birth, and email address.
    2. Enter any name you used at the time of arrest, charge, or conviction (if different from your current name). 
       
  2. Case Record Information (required)
    1. Describe the offenses or charges for which you are requesting records be sealed.
    2. Enter the name of the court that adjudicated the charges, or if charges were not filed, the court that would have adjudicated the charges.
    3. Enter the court case number and counts (if charges were filed).
    4. If no charges were filed, indicate whether you had an initial appearance. If you mark “yes,” indicate whether the initial appearance was in the court in which you are filing your petition.

      IMPORTANT: If no charges were filed but you had an initial appearance, you MUST file in the court where you had your initial appearance. If you were arrested but no initial appearance was held, you must file in the superior court in the county where you were arrested. 
       
  3. Additional Case Record Information (if known)
    1. Enter the date and location of the arrest.
    2. Enter the name of the arresting agency.
    3. Enter the name of the prosecuting agency (if charges were filed).
    4. Enter the name of the justice court and justice court case number if the case was initially filed in a justice court but was transferred to the superior court.
       
  4. Describe Your Situation (required)
    1. Check the first box if you were arrested for a criminal offense but no charges were filed. If you check this box, you can skip SECTION II and go to SECTION III.
    2. Check the second box if you were charged with one or more criminal offenses but the charges were dismissed or resulted in a not guilty verdict at trial. Enter the date of the dismissal or not guilty verdict.
    3. Check the third box if you were convicted on the charges. Enter the date of the judgment of guilt.
  1. Check “Yes”, “No” or “N/A” regarding whether you have completed all required monetary terms of the sentence.
     
  2. Check “Yes”, “No” or “N/A” regarding whether you have completed all other terms of the sentence.
     
  3. Check “Yes”, “No” or “N/A” regarding whether you have received an absolute discharge from the Arizona Department of Corrections. If you check “yes,” it is strongly encouraged that you attach a certificate of absolute discharge. The court may otherwise not have sufficient information to grant your petition.
     
  4. Check “Yes”, “No” or “N/A” regarding whether you have been discharged from probation. If you check “yes,” it is strongly encouraged that you attach a copy of your order of discharge. The court may otherwise not have sufficient information to grant your petition.

    If you checked “No” to #1, #2, #3, or #4 above, you are not eligible to have your case records sealed and cannot file this petition.
  1. Check “Yes” if you have previously filed a petition to seal case records under ARS § 13-911 in this case. 

    Enter the date you filed your last petition if applicable. 

    If you previously filed a petition in this case and the court denied the petition, you must wait 3 years from the date of the denial to refile the petition.
     
  2. Check “Yes” if you have had case records sealed under ARS § 13-911 in a previous case.

    Enter the date you completed all non-monetary conditions of probation or sentence and were discharged by the court.

    If you have had case records sealed in a previous case, you must wait the following amount of time since being discharged by the court:
    1. Ten years for a class 2 or 3 felony.
    2. Five years for a class 4, 5, or 6 felony.
    3. Three years for a class 1 misdemeanor
    4. Two years for a class 2 or 3 misdemeanor
  1. If you are filing this petition to have a conviction sealed, indicate whether you have been convicted of any other offense since the conviction for which you are asking the court to seal records. Check “N/A” if no charges were filed and you are seeking to seal arrest records only, or if charges were filed but were dismissed.
  2. Indicate whether there are any charges pending against you, including the jurisdiction, pending charges, and dates of the charges.
  3. Although a hearing is not required for the court to make a ruling, a hearing may be held if requested by you, the prosecutor or the victim, or on the court’s own motion. Indicate whether you are requesting a hearing.
  4. Include any details that you want the court to take into consideration when reviewing your petition. 5. List and attach copies of any other pertinent documentation. Do not include any originals.

Declaration and Acknowledgements

Read the Declaration and Acknowledgements. Make sure you understand this section and do not have any questions. If you agree with these statements, sign and date the petition and provide your address below the signature line.

Appeal

If your petition is denied, you may appeal but only on the basis of your eligibility to petition the court.

Mandatory Waiting Period if Peition is Denied

If your petition is denied, you must wait 3 years from the date of denial to file another petition.

Failure to provide enough details about the records you want to have sealed may result in the court dismissing your petition. If that occurs, you may file a new petition with additional details about your records.