Arizona DUI & Criminal Defense Attorney Blog
Arizona’s record-sealing statute gained a new category on September 12, 2026. A conviction in that category can now be sealed with no waiting period at all. House Bill 2198, signed on June 4, 2026, added petty offenses to the list in A.R.S. § 13-911(E) that sets how long a person must wait before asking a court to seal a record.
A petty offense is an offense that carries a fine as its only authorized sentence, and a person convicted of one can now petition as soon as the sentence is complete. James E. Novak has handled Arizona criminal defense cases in Maricopa County for more than 20 years. The sealing question usually reaches me years after a case ends. A background check turns up something the client thought was long gone.
How Long Do You Wait to Seal a Record in Arizona?
Record sealing under § 13-911 is a court order that limits who can see the records of an arrest, charge, or conviction without erasing the conviction itself. For a conviction, the waiting period depends on the class of the offense. The clock starts once every nonmonetary condition of the sentence is finished and the court has discharged the person:
- 10 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
- Two years for a class 2 or 3 misdemeanor
- Immediately for an offense vacated under § 13-909
- Immediately for a petty offense
Money is handled separately. Subsection (G) requires every fine, fee, and restitution amount ordered by the court to be paid before the petition is filed. A case that ended in a dismissal, a not-guilty verdict, or an arrest with no charges is eligible under subsection (A) without any waiting period.
What Changed for Petty Offenses on September 12
Before House Bill 2198 took effect, the waiting-period list in subsection (E) did not mention petty offenses at all. The amendment added them with the word “immediately.” A fine-only conviction now stands in the same position as a vacated one. The definition comes from A.R.S. § 13-105, which describes a petty offense as one for which a sentence of a fine only is authorized by law.
Arizona’s marijuana law offers a concrete example. Under the civil penalty ladder in § 36-2853(B), a second violation for possession by a person under 21 is a petty offense, and that is the kind of record the new category reaches. The full text of the change is published by the Legislature as Chapter 86 of the 2026 session laws. Most minor cases are misdemeanors rather than petty offenses, and a class 1 misdemeanor still waits three years. The class written on the original complaint is what separates Arizona misdemeanor charges from a fine-only offense.
The court file shows whether an old case was a petty offense or a misdemeanor. That is worth confirming before any petition goes in. One call is usually enough for me to tell you where things stand. Call (480) 413-1499, 24 hours a day.
What a Sealed Record Can Still Be Used For
Sealing restricts access to a record. It does not make the conviction disappear for every purpose, and subsection (B) lists the exceptions. A sealed conviction can still be alleged as an element of a later offense or used as a historical prior felony conviction. It can be admitted to impeach a witness and used to enhance the sentence for a later felony.
Old DUI convictions get special treatment. Under subsection (B)(5), a sealed DUI can still enhance the sentence on a later DUI under §§ 28-1381 and 28-1382. Sealing therefore leaves the 84-month lookback behind Arizona DUI penalties intact. Subsection (I)(5)(f) adds a disclosure duty for anyone applying to drive, pilot, or operate a boat for work.
Outside those exceptions, the protection is broad. Under subsection (I)(5), a person whose records are sealed may state that they have never been arrested for, charged with, or convicted of the offense, including on employment, housing, financial aid, and loan applications. The statute lists narrow exceptions, such as fingerprint clearance card applications and jobs with courts, prosecutors, and law enforcement agencies.
Which Offenses Cannot Be Sealed
Subsection (O) closes the door on several categories regardless of how much time has passed:
- A dangerous offense, as defined in § 13-105
- A dangerous crime against children
- A serious offense or violent or aggravated felony under § 13-706
- An offense with the use or threatening exhibition of a deadly weapon or dangerous instrument, or the knowing infliction of serious physical injury, as an element
- Sex trafficking, and class 2 through 5 felonies in chapters 14 and 35.1 of Title 13
A denied petition carries a cost of its own. Under subsection (L), a person whose petition is denied cannot file again for three years, so it is worth confirming eligibility and payment status before the first filing rather than after.
Common Questions About Sealing a Record in Arizona
Is Sealing the Same as Reducing a Felony to a Misdemeanor?
No, because sealing under A.R.S. § 13-911 restricts who can see a record without changing the conviction’s class. Reclassifying a felony is a separate remedy with its own conditions. A person may qualify for both, and the order in which they are pursued can matter.
Does the Court Have to Grant a Petition to Seal?
The court must wait 60 days after receiving the petition unless the prosecutor and any victims who requested notice do not object. Under A.R.S. § 13-911(D), the court shall grant the petition if it determines that sealing is in the best interests of the petitioner and the public’s safety. The prosecutor may respond and request a hearing.
Can a Marijuana Conviction Be Sealed Under This Statute?
Yes, on the same terms as any other offense that is not excluded. Some older convictions for Arizona marijuana crimes qualify for something stronger. Under A.R.S. § 36-2862, conduct that predates Proposition 207 and involved 2.5 ounces or less, six or fewer plants at home, or paraphernalia can be expunged. The court must grant that petition unless the prosecutor proves ineligibility by clear and convincing evidence, and expungement vacates the conviction.
Getting an Old Arizona Case Sealed
Sealing is a petition, and the facts of the old case set both the filing date and the odds of success. The Law Office of James E. Novak handles record sealing petitions for clients across Tempe, Mesa, and the rest of Maricopa County. I offer a free initial consultation on any of these questions. Call (480) 413-1499 or send me a message and I will get back to you.