Arizona Criminal Records

Arizona criminal records refer to a collection of official information that details a person's interactions with the state's criminal justice system. These records include a broad scope of documents, including arrest records, charges, court dispositions, sentencing information, jail/incarceration records, and more. Recent data indicates that Arizona has a violent crime rate of 4.31 incidents per 1,000 Arizonans, with a total crime index of 24.89 incidents per 1,000.

Several governmental bodies in Arizona generate and maintain criminal records. These include local law enforcement agencies such as city police departments, town marshal's offices, and county sheriff's offices, as well as the Arizona trial courts and the state's Department of Corrections, Rehabilitation & Reentry. However, the Arizona Department of Public Safety (AZDPS) serves as the central repository for criminal history information in the state. This department is charged with consolidating arrest and disposition data from all criminal justice agencies in Arizona and disseminating this information to authorized parties upon request.

Are Criminal Records Public in Arizona?

Per Arizona's public records law (as outlined in Title 39 of the Arizona Revised Statutes), criminal records in the state are generally considered public records, meaning that any interested person has the right to inspect and obtain copies of these records. However, certain exemptions and restrictions exist regarding the public accessibility of these criminal records.

For instance, sealed records, victim and witness data, and records of active investigations are deemed confidential and not available for public inspection or copying. Likewise, access to criminal history record information maintained by the state's Department of Public Safety (AZDPS) is restricted to authorized entities, including law enforcement and the subject of the record.

How To Look Up Criminal Records in Arizona?

Per state law, the Arizona Department of Public Safety (AZDPS) may only provide official criminal record information to criminal justice agencies and specific, statutorily-authorized noncriminal justice agencies. As such, direct criminal history checks for private citizens, private employers, or agencies outside of Arizona for purposes such as employment or immigration are generally not permitted.

Notwithstanding this, individuals may request a copy of their own criminal record to review and ascertain the accuracy and/or completeness of the record. This request may be submitted online via the AZDSP's Public Service Portal (the creation of a user account may be required for this option) or by providing the department with the following documents:

• A completed fingerprint card. Note that the law enforcement agency you visit to get fingerprinted may wish to use a standard stock fingerprint card. This is ok, provided the card is the FBI blue standard applicant fingerprint card, and all necessary information, including the name of the official taking the fingerprints, is provided.
• A completed Contact Information Sheet.

These documents should be mailed to:

There is typically no fee for an individual to request a copy of the criminal record for review. The AZDPS will usually mail a response containing any existing criminal record information within 15 days of receiving a properly completed request packet. To this end, the department offers record review instructions, checklists, and FAQ documents to assist requesters with ensuring that their requests are properly submitted. You may also obtain the complete "Record Review Packet", including the fingerprint card and contact information sheet, by calling (602) 223-2222, selecting option #2 (records and reports) and then option #3 (statewide criminal records). Queries concerning your request submission may also be directed to (602) 223-2229.

How To Search Arizona Arrest Records?

Arizona arrest records are typically generated when a local law enforcement agency (town marshal's offices, city police departments, and county sheriff's offices) takes a person into custody. These records contain details about the arrest, such as:

• The arrestee's name, sex, and date of birth
• The date, time, and place of the arrest
• The name of the arresting officer
• Details of the alleged offense(s)
• Information on the arresting officer
• The law enforcement facility where the arrestee was brought in

Arrest records are managed locally by the arresting agency; as such, you will typically need to contact the specific law enforcement agency that carried out the arrest to obtain copies of these records. The process usually requires submitting a written request (either online, via mail, or in person) and paying any stipulated fees.

How To Search Arizona Warrants?

In Arizona, a warrant is a court order authorizing law enforcement to take a specific action, such as conducting a search, seizing property, or making an arrest. Common types of warrants in Arizona include:

• Arrest Warrants: These authorize the arrest of a specific individual suspected of committing a crime based on probable cause. Arizona arrest warrants may be issued by any judge of any state court. These warrants remain active until the person is arrested, appears before the court to address the warrant, or the warrant is quashed (cancelled/resolved) by a judicial officer from the issuing court.
• Bench Warrants: A judge, magistrate, commissioner, or justice of the peace may issue a bench warrant when a defendant fails to appear for a court appearance or for individuals who fail to comply with a court order, authorizing the arrest of this individual. Similar to arrest warrants, these warrants also remain active until the person is apprehended or the issuing court cancels the warrant.
• Search Warrants: These are legal orders signed by magistrates, judges, or other authorized judicial officers in the name of "the State of Arizona" that authorize law enforcement to search a person or personal property and seize items where necessary, based on probable cause (of connection to a crime). Unlike arrest and bench warrants, a search warrant is only valid for five days and must be executed within this timeframe; otherwise, the warrant becomes void (unless the timeline is extended by the issuing authority).

Arizona does not have a single, statewide online database for searching all active warrants - to get warrant information, you will typically need to contact the relevant court in the jurisdiction where the warrant is believed to have been issued.

Can I Obtain an Arizona Criminal History Record of Another Person?

Under Arizona law, members of the public (including most employers) cannot obtain another person's criminal history record directly from the state's Department of Public Safety (AZDPS); only criminal justice agencies and specific authorized noncriminal justice agencies may do so.

Nonetheless, the Arizona Judicial Branch offers a Public Access to Court Information platform that may be used to access criminal records online. Note that available information is limited to criminal case records. You may also utilize third-party background check services to access another person's publicly available criminal records.

How To Expunge or Seal Arizona Criminal Records

Arizona provides several options for individuals with criminal records to clear their records. These include "sealing", which restricts public access to the record (the record remains accessible to authorized parties, including law enforcement), and "expungement", which completely erases the record, making it as if it never existed (this option is extremely limited). The state also offers "conviction set asides", which essentially withdraws the finding of guilt and dismisses the complaint or indictment - while the record still exists and remains publicly visible, it is legally considered as if the conviction did not occur for most purposes.

Individuals who wish to seal, expunge, or set aside their records must meet certain criteria. These include:

• The record must be eligible for the process. Certain offenses cannot be sealed or set aside, including serious felonies, offenses requiring registration as a sex offender, dangerous crimes against children, and crimes involving the use of a deadly weapon. Likewise, expungements are only applicable to specific marijuana-related offenses.
• They must have completed all the terms of the imposed sentence(s). Note that individuals who were arrested without any charges being filed against them or were acquitted of the charges may also get the arrest records sealed.
• They must have completed the mandatory waiting period. Expungements and set asides may be initiated immediately after the imposed sentence is completed; however, individuals who wish to get their record sealed typically have to wait between two and ten years (depending on the type of offense) after completing their sentence before they may initiate the process.

Eligible parties may initiate the sealing, expungement, or set aside process by filing a formal petition with the court that handled the original case. The petitioner must provide detailed information about the record(s) in question and demonstrate their eligibility to get them expunged, sealed, or set aside, whichever is applicable. The court will typically review the petition and may schedule a hearing to consider the matter. Relevant parties (such as the prosecutor's office) may also be notified and allowed to object to the request before a final decision is made on whether to grant or deny the petition.

It is important to note that if the petition to seal the criminal record is denied, the petitioner must wait at least three years before they may reapply.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Arizona?

Several laws limit the use of criminal records in employment, licensing, and housing in Arizona. These include the Fair Chance Act, which restricts federal agencies and contractors from inquiring about an applicant's criminal history before extending a conditional offer of employment. Additionally, federal agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) both provide guidance that discourage blanket exclusions from employment and housing opportunities based solely on a criminal record.

At the state level, the automatic denial of a license based solely on a prior criminal conviction is generally prohibited. Instead, licensing agencies are typically required to consider the nature and seriousness of the crime, its relationship to the duties and responsibilities of the occupation, the time elapsed since the conviction, and evidence of rehabilitation. These licensing agencies also cannot consider convictions that are more than three years old (except for serious and violent crimes) and records that have been set aside or pardoned.

Can I Access Arizona Criminal Records for Free Online?

Numerous private websites claim to offer access to Arizona criminal records, either for a fee or at no cost. However, the accuracy and completeness of the information provided by these websites can vary significantly and is often questionable. For the most reliable and up-to-date information, it is advisable to either utilize official resources, like the state's Public Access to Court Information platform, or consider using trusted platforms like ArizonaPublicRecords.us that aggregate data from official, public, and private databases.