Who Can See Your Criminal Record in Arizona? (Set Aside vs. Seal Explained)
If you have a criminal record in Arizona, one of the most common and important questions is: who can actually see it?
The answer isn’t always straightforward. It depends on what action you’ve taken, whether your case was set aside or sealed, and who is doing the background check.
This guide breaks it down in simple terms so you know what to expect and how to protect your future.
Who Has Access to Criminal Records in Arizona?
In general, criminal records in Arizona are public record unless action is taken to limit access. That means the following groups may be able to view your record:
- Employers conducting background checks
- Landlords and property managers
- Law enforcement agencies
- Courts and government entities
- Background check companies
Even a single charge, whether dismissed or not, can appear in these records.
What Is a Motion to Set Aside in Arizona?
A Motion to Set Aside is one of the most common forms of post-conviction relief in Arizona under Arizona Revised Statutes § 13-905.
If granted, the court will:
- Set aside your conviction
- Update your record to show the case was “set aside”
However, your record is not erased.
What this means:
- The case still appears on background checks.
- It will show as “set aside” instead of “guilty”.
- Employers and others can still see it.
A set aside is helpful, but it does not provide privacy, it mainly shows rehabilitation.
What Is a Petition to Seal in Arizona?
Arizona introduced a newer option in 2023 under Arizona Revised Statutes § 13-911: the Petition to Seal.
If granted, your record is sealed from public view.
What this means:
- Most employers and landlords cannot see the record.
- Background check companies are generally blocked from reporting it.
- You can legally answer “no” if asked about that specific charge (with some exceptions).
This is currently the strongest form of protection available in Arizona.
Does Sealing Completely Hide Your Record?
Not entirely.
Even with a sealed record:
- Law enforcement and courts can still access it.
- Certain government agencies may still see it.
- Federal background checks may still reveal it.
- If someone accessed your record before it was sealed, they may still have that information.
So while sealing is powerful, it is not the same as expungement (which Arizona does not currently offer).
Which Option Is Right for You?
In many cases, people pursue both options:
- Set Aside first – available sooner and shows the case was dismissed
- Petition to Seal later – provides stronger privacy protection
Timing matters. A petition to seal requires waiting periods depending on the charge and outcome.
Why This Matters
Your criminal record can affect:
- Employment opportunities
- Housing applications
- Professional licenses
- Personal reputation
Understanding who can access your record and how to limit that access, can make a significant difference in your future.
Need Help Sealing or Setting Aside Your Record?
Navigating Arizona’s post-conviction relief laws can be confusing, especially with recent changes. Working with an experienced legal team ensures everything is done correctly and at the right time.
If you have questions about your eligibility or next steps, our team here at R&R Law Group can help guide you through the process.
📞 Contact us today or schedule an appointment to take the next step toward clearing your record.
