Expunging or sealing records

questions & answers

Question: Can I have my arrest record sealed? The felony charge was dismissed for insufficient evidence. I have a prior arrest in another state but the misdemeanor charge was also dismissed for insufficient evidence.

Answer: Unfortunately, in Arizona one can only have their arrest record expunged if they were wrongfully arrested, indicted, or charged with a crime. Even if a case is eventually dropped because of lack of sufficient evidence, the arrest can still have been legally OK. If a person with a record thinks that they were wrongfully arrested, indicted, or charged with a crime, they should take a look at the Arizona Revised Statutes (ARS), Section 13-4051. For more information on criminal recordkeeping in Arizona in general, take a look at the “Questions” page on the Arizona Department of Public Safety’s website located here. The State of Arizona has no control over the records kept by other states. If you have an issue with an arrest in another state, you will have to take care of it with the authorities in that state.