Arizona Arrest Records

In Arizona, arrests have been steadily declining over the past few years. An estimated 257,062 people are arrested yearly in the state, translating to 3,546 individuals per 100,000. That is more than twice the national average of 1,518. Most of the arrests implemented in the state have been from Driving While intoxicated, possession of controlled substances, theft or robbery, property, and assault. Arizona's arrest rates rank higher than its neighbor Nevada's, which had an estimated 2946 people arrested per 100,000. It is also higher than Utah, which had 2,604 per 100,000.

What Is an Arrest Under Arizona Law?

An arrest in Arizona happens when an officer of the law takes a person into custody because they believe the suspect has committed a crime. When a crime has been committed, and there is probable cause to show that a person is involved, a warrant is issued for the individual's arrest. To make an arrest, the officer should have cause to believe the suspect has committed an offense. During the detainment of the person, their movements are restricted for a set period until they are presented in front of a magistrate or judge.

Type of Arrests in Arizona

Depending on whether a warrant was issued for the person's apprehension, various types of arrests are made within the state.

Arrest with a Warrant

Arrests with a warrant in Arizona are issued when a magistrate or a judge is given sufficient evidence that the person participated in unlawful behavior. That means they have committed a crime or are currently carrying on with a criminal activity. An officer from a law enforcement agency in the state affects the warrant by tracking down and detaining the suspect so they can be tried in court. Under this category, law enforcement officers not arrested on the scene may return later and detain people of interest.

Arrests without a Warrant

Arrests may also be implemented without a warrant by a law enforcement agent working for the state. If a police officer witnesses a crime in progress, they can arrest the person committing it without requiring a warrant. This applies to misdemeanors like overspeeding, disturbance of the peace, or commission of a felony. An officer may also arrest someone if they did not commit the crime before them, but there is probable cause to show they did it. When arresting without a warrant, though, the police officer must inform the individual being arrested of their authority.

They will also indicate the cause of the arrest and read them their Miranda rights. They will also indicate subsequent charges that may have accumulated during apprehension, such as resisting arrest if the individual tried to flee.

Other forms of arrest in the state may include the following:

• Traffic violation arrest, mainly if it entailed an accident or vehicular homicide
• Citizens arrest
• Arrest for violation of probation or parole
• Juvenile arrest
• Domestic violence arrest

What Are Arizona Arrests Records?

Arizona arrest records are typically public domain information, entailing details of the person arrested and the circumstances surrounding their apprehension. They usually include information like the party's descriptors, such as names, dates of birth, mugshots, fingerprints, arresting agencies, and officers; they may also consist of any subsequent charges that may have been earned during the arrest, including fleeing arrest or property damage. Arrest records, as mentioned, are accessible to the public following the Arizona Public Records Act.

Arrest records are distinguished from criminal records even though they generally share many exact details. While arrest records may focus on the incident of apprehension, criminal records may consider the entirety of the person's interaction with the law: their past arrests, trials, pleas, convictions, time served, probation, parole, and release. Due to privacy reasons, criminal records usually have more restrictions, especially because the details are shared among different criminal justice agencies at the state and federal levels.

How Can Arrest Records Be Accessed in Arizona?

In Arizona, arrest records are considered public domain for the most part. However, there are scenarios where restrictions would apply to citizens. This is the case if the arrest record contains details about juveniles or if it is an arrest of a minor. Similarly, arrests involving domestic abuse or ongoing criminal investigations are not usually accessed by all parties. The only parties that would have open access to these records are the names on the record, law enforcement personnel, and legal representatives. The information may also be open to insurers or employers in the security sector who are doing a background check for liability purposes.

Arrest records can be accessed in person, via mail, or online via the available law enforcement and records agencies in Arizona. Interested parties may use the following process:

In-Person Record Requests

Requesters may access arrest records by heading to the county clerk's office. Typically, counties keep records of arrests as well, so this may be a possible option for those seeking in-person options. The record seeker will also have to provide the appropriate information concerning the requested party's name, birth dates, and arrest dates.

One may also visit the local police department where the arrest was made to access the relevant records. In both cases, the staff may provide the appropriate forms and identification requirements for the record request. It might be a good idea to call ahead and confirm the prerequisites for identification and record requests. However, arrest records are charged on a page basis, and this depends on the county or the police department.

Mail Record Requests

The Arizona Department of Public Safety issues mail arrest record requests. Record seekers submit a written request via mail to the agency. They are advised to provide the request form, identification information, and the relevant fees. The Arizona Department of Public Safety charges $15 for up to 20 pages requested. A fee of $0.25 a page is charged after the initial group.

Online Requests

The Arizona Judicial Branch and the Department of Public Safety may allow requesters to access online arrest records. The former offers a case search approach called "Public Access to Court Information". This allows one to search for arrest records under the criminal case data from Arizona courts. It costs $17 for name searches to get case information. There is also a certification fee of $17 per case for the sealed certified copies in addition to the 50 cents for each page copy fee. Similarly, the Department of Public Safety offers criminal history records if requested. However, the record seeker is mandated to give their fingerprint cards and submit the fee for the request.

How Long Will an Arrest Report Stay on Your Arizona Records?

Arizona has one of the strictest sentencing laws in the country. For this reason, both misdemeanor and felony records remain on an individual's record up to the time they turn 99 years old. The law allows the courts to indicate offenses that qualify for expungement, though it does not remove them from the criminal record. Interested parties that perform a background check may still view the previous crimes as indicated.

Can You Expunge Your Arrest Records in Arizona?

According to Arizona statutes, a criminal defendant may apply to have their record expunged after meeting particular requirements. However, set-aside regulations are different from the regulations in other states. When a court sets the offense aside, it dismisses the criminal conviction, penalties, and limitations.

Individuals may only set their offense aside if they complete the requirements for the total post-conviction time. That is jail time, fines, and restitution. That said, it may show on a background check, indicating to employers that the person has done work on themselves. Expungements mean erasing the record until the conviction, so it may not be visible even when organizations do a background check.

To apply for expungement, the individual should wait from the time of conviction to the completion of the criminal sentence. For class 2 and 3 misdemeanors, offenders will have to wait two years before applying for their records to be expunged. The waiting period for a class 1 misdemeanor is three years. Class 2 and 3 felonies, though, would mandate a waiting period of 10 years.

The courts will not grant or deny petitions to seal arrest records until 30 calendar days have passed after the court receives the petition. This waiting period is standard unless the court obtains notice that the prosecutor and victims do not object to sealing the records. Records can be sealed without a hearing unless the prosecutor or victims demand one. The court will also dismiss a petition that does not meet the requirements described without a hearing being involved. The court clerk will issue a copy of the petition to seal the records for the case's main prosecutor.

The case's prosecutor can also respond to the petition and then request a hearing during which the victim has a right to be present. According to the orders of the court, the clerk will seal arrest records concerning the petitioner's arrest and conviction. Court orders to seal the records are subject only to the disclosure requirements. It would be treated differently than a record which is sealed pursuant to statutes or court regulations.

Is a Citizen's Arrest Legal in Arizona?

According to Arizona's Statute 13-3884, a resident may arrest another person under specific provisions. This is different from a false arrest, which is detaining an individual without reasonable cause that they committed a crime. A citizen‘s arrest applies when the citizen has directly witnessed the commission of a misdemeanor that breaches the peace. Citizens may also implement an arrest if a felony has been committed and the citizen has probable cause to believe the person of interest has committed the crime. It is also important to note the crimes allowed regarding citizens' arrest.

Statute 13-3884 indicates that one may be arrested for armed robbery, arson, burglary, child molestation, kidnapping, manslaughter, murder, and sexual assault. The instant an individual makes a citizen's arrest, they are required by law to present the suspect to law enforcement officers or a judge. A delay in the transferal process and the use of unnecessary force may result in litigation against the citizen.

How to Look Up Arrest Warrants in Arizona

Arrest warrants are considered public information in the state of Arizona. The state also provides different ways to look up a warrant. If the requestor prefers, they may use a Find My Court locator at the Arizona court site. To manually request a warrant, the person must first locate a Superior, Municipal, or Justice of the court's office by phone. During the call, the record seeker should ask if an outstanding warrant exists for a specific individual in a criminal or civil case. If available, they will also be asked to provide case numbers, names, birth dates, and Social Security numbers. Alternatively, a requester may complete their research on the PublicAccess to Court information portal to determine if there is an open warrant for arrest as issued by the Arizona judicial system.