Arizona Record Sealing Frequently Asked Questions

Is an arrest record public data?

Yes, unless it is sealed.

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What will show up on my background check after it is sealed?

The arrest and court case will not show up on a background check. The federal government may keep an index of it and use it for internal purposes, such as immigration.

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Do I have to disclose the arrest?

No. It will be sealed and courts and law enforcement agencies can’t release the information about the records. The federal government may keep an “index” of it and use it for internal purposes, such as immigration. However, you will have the sealing order to show that it was sealed.

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What do I have to prove to have my record sealed?

You must prove to the judge that the arrest was wrongful. According to prior cases, this means that the arrest was illegal, unlawful, or unjust.

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How long does the process take?

Typically, the process takes at least six months.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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What are my chances of success?

It is difficult to say without researching your case. We can do a preliminary evaluation for a small fee. If you wish to go forward, we will apply the fee to the total cost.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner the case is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it sealed.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Do I have to go to court?

No. We are licensed attorneys so we go to court for you.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue before a judge that you reserve to have your records sealed. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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Do I need to hire an attorney or can I do it myself?

Most people hire an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the case off your record.

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What happens after the case is sealed?

You will receive a court order sealing the records. The court will update their records and send the order on to the state database. The background check agencies will then receive the updated information when they do a background check.

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How long does it take for the records to be sealed?

The court updates their records within 48 hours and the Arizona Department of Public Safety has up to 30 days to update their records. However, the Department of Public Safety typically updates their records before the 30 days expire.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee and also provide such low prices for our services at the same time, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.

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Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal monthly amounts over 90 days.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge $150 and we apply that to the total cost of any service that you hire us to perform.

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Can I seal a case after it has been set aside?

No. The case had to have been dismissed without a conviction prior to the dismissal.

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What is the main reason that it is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, or (3) the court does not believe the arrest was wrongful.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. That can include refiling or recommending the person wait longer to refile.

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Will it relieve me of the requirement to register as a sex offender?

No. Because being convicted of a sex crime—in particular, the crimes that require you to register as a sex offender—are not eligible for record sealing.

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Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it may increase your chances during the immigration proceedings.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. Even though US Customs and Border Patrol might still see the arrest you will have the sealing order from the judge stating it was sealed.

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Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is you want to clean up your record as much as possible even though US Customs and Border Patrol might still see the arrest.

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Can I clear my federal conviction?

You can only clear certain cases. Additionally, a person can apply for a pardon through the President. We do not handle federal cases and suggest that you contact an attorney that does.

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