Arizona Criminal Court Records

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Arizona criminal court records are official documents that provide an account of the prosecution of a criminal case. These records include various documents and information that presiding courts create during different aspects of criminal proceedings, from arrest and initial appearance to arraignment and trial. These records promote transparency of judicial proceedings and allow for public scrutiny to ensure that due process is always upheld.

The Arizona Judiciary is the custodian of criminal court records and other judicial records. Access to these records is governed by Arizona's Open Records law and Arizona Supreme Court Rule 123.

Are Criminal Court Records Public in Arizona?

Yes. Arizona criminal court records are considered open to the public under the state's Open Records law and Supreme Court Rule 123. These laws establish the general public's statutory right to access public records maintained by government entities, including courts and other public entities. Although most criminal court documents are public, some are protected under state and federal statutes that exempt them from public access. Some examples include sealed or expunged records and juvenile case records.

What Criminal Court Records Contain in Arizona

In Arizona, public criminal court records typically contain the following:

  • Case number
  • Party information
    • Full names and sex
    • Attorney's name
    • Relationship to the case (i.e, plaintiff, defendant, deft grand jury)
  • Disposition information
    • Charge(s) description
    • Crime date
    • Relevant ARSCode
    • Final disposition
  • Case documents
    • Description
    • Filing date
    • Docket date
    • Filing party
  • Case calendar
    • Date and time
    • Description of the event
  • Appellate case details (if applicable)

Confidential and restricted information and records are redacted from public criminal court records. They are only available to eligible parties or pursuant to a court order.

Arizona Criminal Court Records Search

The Arizona Judiciary offers various online resources that interested individuals can use to conduct statewide criminal court records searches, depending on the type of court that handled the case in question. Individuals can use the Arizona Judiciary's case lookup website to conduct court record searches for criminal cases handled by most Arizona courts, including Superior, Justice, and Municipal courts. Users can search the website by party name or case number. However, confidential information and restricted cases, such as sealed cases and juvenile delinquency cases, are unavailable on the website.

Meanwhile, court records of civil and criminal cases handled by Arizona Superior Courts are accessible online through the State Judiciary's eAccess portal. Individuals must register an account or log in to use the portal. They can download court documents through the portal for a $10 per-document fee or pay a recurring subscription fee for a limited number of downloads each month. For example, an $80 subscription covers up to 20 document downloads per month, while a $360 subscription provides up to 100 downloads per month, with additional options available.

Arizona criminal court record searches can also be conducted locally through the clerk's offices of individual courts. Most courts permit in-person requests during regular working hours, 8:00 a.m. to 5:00 p.m. on weekdays. Interested persons can use the AZ Court Locator to find contact information and addresses for different local courts. Some courts also offer independent online resources that individuals can use to access local court records of criminal cases they handled. A good example is the Maricopa County Superior Court Criminal Case Search portal. Some courts, including the Yavapai County Superior Court, also accept mail-in and phone requests for services.

Individuals are typically charged a fee for copies of court records they request, as per ARS § 12-284. These fees include $0.50 per page for regular copies of court documents and $35.00, plus $ 0.50 per page, for certified copies.

Free Access to Criminal Court Records in Arizona

In Arizona, record seekers may access criminal court records for free through the Arizona Judiciary's online resources, including the case lookup website and the eAccess portal. The case lookup allows users to access court records of criminal cases handled by most Arizona courts. Meanwhile, the eAccess portal enables users to access court records of criminal cases under the jurisdiction of the Superior Courts.

Some local courts also provide independent online resources that individuals can use to look up criminal cases they presided over for free. An example is the Pima County Superior Court Clerk's Record Search website. Alternatively, interested persons can visit the court clerk's office to make an in-person request for court records related to sought-after criminal cases. Most courts allow free on-site inspection of court records. However, requests for physical copies of court records are usually subject to fees. Notwithstanding, the Arizona Code of Judicial Administration, Section 5-206, and other similar laws permit waivers for indigent applicants under certain circumstances.

Sealing and Expungement of Criminal Court Records in Arizona

The primary difference between sealing and expunging criminal court records is the extent of restriction each imposes. Sealing a criminal court record merely hides it from public view, according to ARS § 13-911. Sealed records typically do not appear in background checks or public record searches; however, they remain accessible to criminal justice agencies, including law enforcement agencies and courts. Meanwhile, expunged records are entirely removed from government databases and destroyed, which gives the impression that they never existed. Unlike sealed records, expunged records are not available to the public, including government entities.

How to Seal Criminal Court Records in Arizona

In Arizona, interested persons can file a petition under ARS § 13-911 to seal their criminal court records. They must meet the statutory requirements outlined in the statute to file the petition. These include not being convicted of any offenses besides a misdemeanor traffic offense, excluding driving under the influence.

Generally, individuals who were arrested but not charged with a criminal offense and those whose charges were dismissed or found not guilty are automatically eligible to file a petition to seal their relevant criminal record. Meanwhile, those whose criminal case resulted in a conviction meet the following requirements to be eligible:

  • Complete all the terms and conditions of their sentence, including paying all court-ordered fees, fines, and restitution.
  • The timeframes below have passed since they completed the non-monetary conditions of their probation or sentence.
    • Class 2 or 3 felony: 10 years
    • Class 4, 5, or 6 felony: 5 years
    • Class 1 misdemeanor: 3 years
    • Class 2 or 3 misdemeanor: 2 years

Notwithstanding, criminal court records of specific types of crimes and offenses can not be sealed. These include:

  • Dangerous crime against children as defined in ARS § 13-705
  • Serious offense or violent or aggravated felony pursuant to ARS § 13-706
  • Any offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
  • Any offense involving the knowing infliction of serious physical injury on another person
  • Sex trafficking per ARS § 13-1307
  • A class 2, 3, 4, or 5 felony offense under Title 13, Chapter 14 (Sexual Offenses) or 35.1 (Sexual Exploitation of Children).
  • Being sentenced as a dangerous offender per ARS § 13-704

To prepare a petition, eligible individuals are expected to gather extensive information about their case, including arrest details, charge details, and relevant case information. Some of this information may be accessed through the arresting agency, while other details can be obtained from public records archives, such as the Arizona Judiciary's case lookup website.

Most courts provide a dedicated petition form that interested individuals can use to request the sealing of their criminal record. An example is the Maricopa County Superior Court CRSR1 form (also available in Spanish). After completing their petition, individuals must file it with the appropriate court. Depending on the circumstances of the case, this court may be:

  • The court that issued the conviction (for cases that resulted in a conviction)
  • The court where the indictment, information, criminal citation, or complaint was filed (if charges were dismissed, conviction was vacated, or a not-guilty verdict was issued)
  • The court where the initial appearance was held (if charges were not filed)
  • The Superior Court in the county where the arrest occurred (if there was no initial appearance and no charges were filed)

Arizona laws do not require the court to hold a hearing before ruling on the petition. Nonetheless, the court may hold a hearing at its own initiative or upon the request of the petitioner, the prosecutor, or the victim. If the court finds that the petition does not contain sufficient information about the relevant case or does not meet the statutory requirement outlined in ARS § 13-911, it can dismiss the petition without a hearing. In such cases, the petitioner must wait three years before re-applying.

How to Expunge a Criminal Record in Arizona

Under Arizona's Proposition 207, also known as the Smart and Safe Arizona Act, only specific marijuana-related criminal records are expungable. According to the act, arrest, charges, conviction, or acquittal for any of the following offenses conducted before November 30, 2020, are expungable:

  • Possession, consumption, or transportation of two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  • Possession, transportation, cultivation, or processing of not more than six marijuana plants at one's primary residence for personal use.
  • Possession, use, or transportation of paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.

An eligible person can complete the appropriate expungement form and file it with the court where their case was resolved by conviction or dismissal. In cases where an individual was arrested but no criminal complaint was filed in court, they can file their petition with the Superior Court in the county where they were arrested. Fortunately, there is no filing fee for an expungement petition.

Criminal Records in Arizona vs Court Records

In Arizona, criminal records are compilations of an individual's arrest and disposition information generated by local criminal justice agencies. These records are reported to and maintained by the Arizona Department of Public Safety (DPS). On the other hand, court records are judicial documents that provide information about cases handled by the local courts. These records are generated and maintained by the Arizona Judiciary, specifically the clerk's offices of local courts.

Requesting an Arizona Criminal History Record

The Arizona Department of Public Safety's Central State Repository Section serves as the state's central repository for criminal records, as per ARS § 41-1750. These records are subject to the strict privacy laws. As a result, they are only released to the record subject, criminal justice agencies, and specific noncriminal justice agencies authorized under ARS § 41-1750(G) and Public Law 92-544.

How to Request an Arizona State Background Check

Interested persons can request an Arizona state background check on themselves through the Arizona Department of Public Safety's Central State Repository Section. They can do this by contacting the Central State Repository Section at (602) 223-2000, selecting option 2 (Records and Reports), then option 3 (Statewide Criminal Records). Alternatively, they can use the record review packet provided by the agency. The packet contains four (4) items:

Applicants must download and print the blank applicant fingerprint card and take it to a law enforcement agency to be fingerprinted. Most agencies charge between $5 and $10 for fingerprinting. Once they get their fingerprint card, an applicant can submit it along with other required items detailed in the instructions form to:

Arizona Department of Public Safety

Central State Repository Section

P.O. Box 18450 | Mail Drop 3110

Phoenix, AZ 85005-8450

Note that there is no fee for conducting a background check on oneself, and requests can take up to two (2) weeks to get processed.

Active vs Archived Criminal Cases in Arizona

Active and archived criminal cases in Arizona refer to different methods of managing court records. Court records of active criminal cases are readily accessible through online resources provided by the state's judiciary, such as the Arizona Judiciary's case lookup website, as well as local courts (when applicable). They can also be requested in person at local courts. Conversely, court records of archived criminal cases are generally transferred to off-site storage or archives for safekeeping. This complicates accessing records of archived criminal cases, as record seekers must write to the appropriate court clerk to request these records. Furthermore, a longer processing time is required for these requests.