Arizona’s New Law Lets You Seal a Petty Offense Record Immediately — No Waiting Period
By Gordon Thompson, Phoenix DUI & Criminal Defense Attorney —
licensed in Arizona since 1982, 47 years of experience, 6,000+ clients represented.
Last updated:
Quick Answer
As of September 12, 2026, Arizona law (House Bill 2198, 2026 Session Law Chapter 86,
amending A.R.S. § 13-911) allows a person convicted of a petty offense to petition
to seal their case records immediately after completing their sentence — with no
mandatory waiting period. Previously, petty offenses were not addressed in the statute’s tiered
waiting-period list at all. This closes that gap and adds petty offenses to Arizona’s record-sealing
law for the first time.
What HB 2198 Actually Changed
Arizona’s record-sealing statute, A.R.S. § 13-911, already let people petition to seal records for
felonies and misdemeanors after a set waiting period — ten years for class 2 or 3 felonies, five
years for class 4–6 felonies, three years for class 1 misdemeanors, and two years for class 2 or 3
misdemeanors. Petty offenses (Arizona’s lowest-level violations, such as many civil traffic and local
ordinance infractions charged criminally) weren’t listed in that waiting-period schedule.
HB 2198 fixes that by adding a fifth category to subsection E: petty offenses can now be sealed
immediately once the person completes the nonmonetary terms of their sentence. The
bill passed the Arizona House and Senate during the 2026 Second Regular Session and was signed by
the Governor on June 4, 2026, becoming Chapter 86 of the 2026 Session Laws.
Who Qualifies to Seal a Petty Offense Record
Under the amended A.R.S. § 13-911, a person may petition to seal case records if they were:
- Convicted of an offense and have completed every term of their sentence, including all fines, fees, and restitution;
- Charged with an offense that was later dismissed or resulted in a not-guilty verdict; or
- Arrested for an offense for which charges were never filed.
For a petty offense conviction specifically, there is no waiting period — the petition can be filed
as soon as the nonmonetary conditions of sentencing are complete and all fines, fees, and restitution
have been paid.
Not every offense is eligible under this law. Section O of the statute permanently excludes dangerous
offenses, dangerous crimes against children, serious or violent felonies, offenses involving a deadly
weapon or serious physical injury, sex trafficking, and certain high-level felony sex offenses from
sealing — regardless of how much time has passed.
How the Sealing Process Works
- File a petition in the court where the conviction occurred (or where charges were filed or dismissed, or where the arrest happened if no charges were filed).
- The court notifies the prosecutor, and any registered victim, who may object or request a hearing.
- A waiting period applies before a ruling — the court generally cannot grant or deny the petition until 60 calendar days after it’s received, unless the prosecutor and any victims confirm they don’t object.
- DPS runs a records check and reports back to the court on the petitioner’s full arrest, prosecution, and conviction history.
- The court decides based on the petitioner’s and the public’s best interests. If granted, the court orders the record sealed and notifies the Department of Public Safety and the prosecutor.
If a petition is denied, the law requires a three-year wait before filing again.
What Sealing a Record Does — and Doesn’t Do
Once records are sealed under this statute, a person may generally state — including on employment,
housing, and loan applications — that they were never arrested, charged, or convicted of that offense.
However, the law carves out several important exceptions where disclosure is still required, including:
- Applications requiring an Arizona fingerprint clearance card;
- Jobs involving law enforcement, prosecution, courts, corrections, or child welfare;
- Certain jobs involving care of minors or vulnerable adults, where the sealed record involves related offenses;
- Jobs handling other people’s money, commercial driving, or similar regulated fields, depending on the offense; and
- Situations where state or federal law otherwise requires disclosure.
It’s also important to understand that sealing is not the same as erasing. A sealed record can still
be used by courts and prosecutors for specific purposes — as a historical prior conviction, for
sentence enhancement in a later case, for impeachment at trial, or in certain licensing and
background-check contexts described in the statute.
What This Means for You
If you have an old petty offense on your Arizona record — even one you’ve long since put behind you
— this new law may let you seal it right away, without waiting years as you would for a misdemeanor
or felony. That matters for job applications, housing applications, and background checks, where a
sealed record generally does not have to be disclosed (subject to the exceptions above).
If you also have a DUI or other misdemeanor conviction on your record, those still fall under the
longer waiting periods (two to three years, depending on classification), and certain offenses remain
permanently ineligible for sealing regardless of the offense level. The right first step is a review
of your specific record and case history to determine what’s eligible now, and what may become
eligible later.
Gordon Thompson has practiced Arizona criminal law since 1982 and has represented more than 6,000
DUI and criminal defense clients across Maricopa and Pinal County courts. If you’re unsure whether
your record — or a family member’s — qualifies for sealing under this new law, a free consultation
can clarify your options.
Frequently Asked Questions
What is a “petty offense” under Arizona law?
A petty offense is Arizona’s lowest tier of criminal violation, generally punishable only by a
fine (no jail time), and it’s classified below misdemeanors. Many local ordinance violations and
some low-level infractions fall into this category. Because it’s a distinct, lower classification
than misdemeanors or felonies, it was previously left out of the sealing statute’s waiting-period
schedule entirely.
Can I seal a DUI conviction in Arizona?
It depends on the type of DUI. A standard misdemeanor DUI conviction can generally be sealed
after the applicable misdemeanor waiting period (two to three years) once all sentencing terms,
fines, and restitution are complete. However, offenses involving certain aggravating factors —
such as a felony DUI, or a DUI resulting in serious injury — may fall under the statute’s
permanent exclusions for dangerous offenses or offenses involving serious physical injury.
Every case is different, and it’s worth having a specific case reviewed rather than assuming
either way.
How long does the record sealing process take in Arizona?
By statute, a court generally cannot rule on a sealing petition until at least 60 calendar days
after it’s filed, unless the prosecutor and any registered victims confirm they don’t object.
In practice, timing can extend further depending on the court’s caseload, whether a hearing is
requested, and how long the Department of Public Safety takes to complete its records report.
Does sealing a record mean it’s completely erased?
No. Sealing restricts who can see and access the record — the general public, most employers,
and most landlords generally will not see it, and a person may state they were never arrested
or convicted in most situations. However, law enforcement, prosecutors, and courts can still
access sealed records for specific purposes listed in the statute, including as a prior
conviction in a later case or for impeachment at trial. It’s a strong protection, but it isn’t
the same as an erasure.
What happens if I get arrested again after my record is sealed?
If someone whose record was sealed is later convicted of a new felony, they may petition to
seal that new offense too — but only after the standard waiting period for that offense level
has passed, plus an additional five years. This is meant to prevent sealing from being used as
a repeated shortcut for people who reoffend.
Will a DUI show up on a background check even after 47 years — I mean, even after Arizona changes its laws?
Until a record is formally sealed by court order, it remains publicly accessible on standard
background checks regardless of how old it is. Arizona does not automatically seal or clear
records with the passage of time alone — a person has to file a petition and have a judge grant
it. That’s true whether the offense is a petty offense, a DUI, or another misdemeanor.
Do I need a lawyer to file a petition to seal my record?
It’s not legally required, but the petition process involves court filings, potential prosecutor
objections, victim notification requirements, and a DPS records review — and the court has
discretion to grant or deny based on the “best interests” standard. An attorney familiar with
Arizona criminal procedure can help make sure the petition is filed correctly and address any
objections that come up.
About the Author
Gordon Thompson is a Phoenix, Arizona DUI and criminal defense attorney. He earned his
law degree from Syracuse University College of Law, was admitted to the State Bar of New York in
1979, and has been a licensed Arizona attorney since 1982 — 47 years of legal practice. His practice
is limited exclusively to DUI and criminal defense in Arizona; he does not handle any other area of
law. He has represented more than 6,000 clients and practices as a solo attorney, meaning every client
works directly with him rather than a paralegal or associate. He appears regularly in Municipal and
Justice Courts throughout Maricopa County, Pinal County, and select courts in Northern Arizona.
Read more about Gordon Thompson’s background.
This article is for general informational purposes only and does not constitute legal advice.
Arizona record-sealing law is fact-specific, and eligibility depends on the details of each case.
For advice about a specific situation, consult a licensed Arizona attorney.
See our full legal disclaimer.