Instructions on How to Complete Petition

Petition to Seal Criminal Case Record

When does this process begin?

• Effective 12/31/2022.

What statute allows for the sealing of criminal case records?

• Pursuant to:  A.R.S. § 13-911, a person who is arrested, convicted, or sentenced before, on or after December 31, 2022, may petition the court to have their criminal case record sealed.

What does sealing a criminal case mean?

• If the court grants the petition under A.R.S. § 13-911, the petitioner may be able to state on employment, housing, and financial aid or loan applications that they have never been arrested for, charged with, or convicted of the crime that is the subject of the petition. There are numerous exceptions, please read the statute 13-911.5 A through K.

• https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00911.htm

• https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records

If my records are sealed, can they still be used for anything?

• All case records that are sealed under A.R.S. § 13-911 may still be:
  • Alleged as an element of an offense.
  • Admissible for impeaching any party or witness in a subsequent trial.
  • Used to enhance the sentence pursuant to sections 28-1381 and 28-1382 & others.
  • Used in any subsequent prosecution of the person by the State or a political subdivision of the State.
  • Used as a conviction if the conviction would be admissible if the conviction was not sealed.
  • Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state.

Does my case qualify?

• Most criminal cases are eligible; however, the petitioner must have completed all terms of sentence and have waited the prescribed timeframe below since completion of sentence:
  • Ten years for a class 2 or 3 felony.
  • Five years for a class 4, class 5, or class 6 felony.
  • Three years for a class 1 misdemeanor.
  • Two years for a class 2 or 3 misdemeanor.

• A person who is convicted of two or more offenses may not petition the court to seal the person's case records until the timeframe prescribed above has passed for each conviction.

Can I file one petition to seal criminal case records for all of my cases?

• If a petitioner has multiple cases, a separate petition must be filed for each case and every petition must be filed in the appropriate jurisdiction.

I was convicted of a criminal offense, where do I file the petition to seal that criminal case record?

• If the petitioner was convicted of a criminal offense, a petition must be filed in the court where convicted.

I was charged with a criminal offense that was dismissed, I was found not guilty, or the conviction was vacated, where do I file the petition to seal that criminal case record?

• If the petitioner’s charges were dismissed, found not guilty, or the conviction was vacated, a petition must be filed in the court where the criminal citation or complaint was filed.

I had an initial appearance for a criminal offense that was dismissed, I was found not guilty, or the conviction was vacated where do I file the petition to seal that criminal case record?

• If no charges were filed but the petitioner had an initial appearance, a petition must be filed in the court where he or she had their initial appearance.

I was arrested, but didn’t have an initial appearance and no charges were filed; where do I file the petition to seal that record?

• If a petitioner was arrested but no initial appearance was held, and no charges were filed, the petition must be filed in the superior court of the county where the petitioner was arrested.

Where can I find the information needed to fill out the petition to seal criminal case record?

• Information needed to fill out the petition can be provided by:
  • The petitioner's defense attorney or court appointed attorney 
  • Department of Public Safety (DPS): www.azdps.gov/services/public/records/criminal & (602) 223-2000.

  • Arizona Judicial Branch’s Public Access to Court Case Information: https://apps.supremecourt.az.gov/publicaccess/caselookup

How do I complete the petition to seal criminal case records?

• Read ARS § 13-911 in its entirety before completing the petition. This petition is intended to help those who are seeking to seal a criminal case record under ARS § 13-911 and refers solely to the records that exist under the control of the courts, Department of Public Safety, Prosecutor’s Office, and law enforcement agencies. Any case record that was published or distributed prior to sealing may still be accessible and may not be impacted by the granting of an order to seal case records.

What happens once I file the petition to seal criminal case record?

• Once a petition to seal criminal case records is filed, the court shall notify the DPS and request them to prepare a criminal history report. 

  • DPS may charge the petitioner a fee unless the petitioner is indigent or has been found not guilty, the case was dismissed or not prosecuted.

• A petition to seal criminal case records will be entered within 7-10 business days, but under most circumstances, the Judge cannot rule on the petition until at least 30 days after filing. 

• Processing time frames may differ, and the Court will schedule a Judicial Review 60 days out for the Judge to review the petition. However, a Judge may wish to continue this date if the Court hasn’t received the Criminal History Report from DPS.

How quickly will the Criminal History Report from DPS be processed?

• Criminal History reports will be processed as a priority item daily from the inbox by a lead clerk.

I filed my Petition to seal criminal case records and why hasn’t it been ruled on yet?

• The court may not grant or deny a petition to seal a person's case records until thirty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition. 

Do I have to have a hearing before the Judge can rule on my petition to seal criminal case records?

• Unless the petitioner, prosecutor or victim requests a hearing, the court may grant or deny a petition to seal case records without a hearing. 

I filed my petition to seal criminal case records and why hasn’t it been ruled on yet?

• The court may not grant or deny a petition to seal a person’s case records until at least thirty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition. 

• The court could also take more time to rule on your petition if it is waiting for the DPS report.

My petition to seal criminal case records was denied, what do I do now?

• If the court denies a petition to seal case records, a person may not file a new petition until three years after the date of the denial.

• Staff cannot make legal interpretations into why the Judge may have made a specific ruling.

How likely will my petition to seal criminal case record be to be granted?

• The court cannot predict the likelihood that your petition will be granted. The judge will review your petition and other information (including the prosecutor, victim input and the Department of Public Safety report) and evaluate whether the petition is timely, properly, and sufficient filed. The court will determine whether granting the petition is in the best interest of the petitioner and the public’s safety.

• Staff cannot make legal interpretations into why the Judge may make a specific ruling.

Do I have to provide a copy of the petition to seal criminal case records to the prosecution?

• The clerk of the court shall provide a copy of the petition to seal case records to the prosecutor. The prosecutor may respond to the petition and request a hearing.  

Once my criminal case records are sealed will the records be provided to anyone?

• Generally, the clerk may not provide sealed case records pursuant to this section to any person or entity. However, if the case records are sealed, they shall still be available as described in A.R.S. 13-911(j).  

How long will it take the Department of Public Safety to file the Criminal History report once requested?

• The Department of Public Safety is responsible for providing records to the Court. Court staff may be able to provide general time parameters, but only the Department of Public Safety can answer this question with certainty.

I want to file a petition to seal criminal case records, but I also just got a new charge.

• A new charge could impact your eligibility to have prior case records sealed, or the time requirements for sealing a case.

Where can I locate the Petition to Seal Criminal case records?

• All petitions should be on Buckeye Municipal Court or an Arizona Supreme Court approved form and contain complete information. The form is available at the beginning of this page or www.azcourts.gov/selfservicecenter/Forms 

Where do I file the Petition to Seal Criminal case records?

• Email: courtinfo@buckeyeaz.gov

• Fax: 623-349-6511

• Mail/In Person: 21749 W. Yuma Road, Suite 101 Buckeye, AZ 85326

How long does the State have to file a response to the petition to seal criminal case records?

• 10 business days.

How will I be notified of the ruling on my petition to seal criminal case records?

• The Buckeye Municipal Court may set a Hearing concerning your Petition to Seal Case Records.

• The Buckeye Municipal Court will mail a sealed copy of the order to the address listed on the petition as soon as it’s processed.

The case is old/or has already been purged. Can I still file a petition to seal criminal case records?

• Yes, petitions can be filed and ruled on even if we do not have a record of the case; however, if you were arrest with no charges filed, and with no initial appearance, you would need to file your petition in the Superior Court of the county where the petitioner was arrested.

How do I request a hearing in defense of a petition to seal criminal case records?

• File a written request for a hearing on the petition to seal criminal case records and that will be sent to the Judge.

• Victim: Also, you may wish to speak with the Victim Advocate office to be informed of your rights and to assist you.

How will the State and the Department of Public Safety be notified if my petition to seal criminal case records is granted?

• The court will transmit the final order regarding the petition to seal criminal case records to the State (or prosecutor’s office) and the Department of Public Safety.