Arizona Criminal Records

Arizona criminal records are the official documentation of a person's criminal history. Criminal records may contain information about the arrest, charges, convictions, and sentences related to criminal offenses. Criminal records are typically created when a person gets arrested. Law enforcement creates a record detailing the arrests. After the arrest, prosecutors review the case and file formal charges, which are added to the person's criminal record. During the court proceeding, various records are generated, and if found guilty, the conviction is documented.

In Arizona, several agencies are responsible for maintaining the central repository of criminal history records. The primary agency responsible for criminal history records is the Arizona Department of Public Safety (AZDPS). Other agencies include police departments and sheriff's offices, which maintain arrest records and incident reports for crimes occurring within their jurisdictions. The Arizona Judicial Branch keeps records of all judicial proceedings, including criminal cases, and the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) maintains records of individuals incarcerated across state prisons.

Often referred to as the Records of Arrests and Prosecution (RAP) sheet, criminal records can be used for diverse purposes by different entities to assess an individual's background, character, and trustworthiness. Employers use criminal records to assess the suitability of job candidates. Landlords and property management companies use criminal records to evaluate potential tenants. Nonprofits and organizations working with vulnerable persons conduct background checks on volunteers to ensure they do not have a history of harmful behavior.

What is Included in the Criminal Record?

Arizona criminal records contain details about an individual's interaction with law enforcement agencies and the judicial system. The Criminal History Records Section (CHRS) of the AZDPS maintains a central repository of criminal records for the state. Criminal records in Arizona may contain the following information:

• Personal Information: The name, aliases, date of birth, and physical descriptions such as height, weight, race, and eye and hair color
• Arrest Information: It contains information about the arrest, including dates, location, charges, and arresting agencies
• Court Dispositions: Information on court proceedings, including convictions, dismissals, and acquittals
• Sentencing Information: Details on sentences imposed, probation, fines, community service, and other judicial outcomes
• Identification Data: Fingerprints and other biometric data used for identification purposes

Are Criminal Records Public In Arizona?

Yes. Criminal records in Arizona are generally public and accessible by the public, although some restrictions and conditions may apply. Per Section 41-1750 of the Arizona Revised Statutes, all documents relating to a personal criminal history are in the public domain and publicly accessible to anyone. However, only authorized individuals and agencies may access criminal records. Generally, criminal records in Arizona are open to law enforcement agencies, employers, the courts, and the individual named on the criminal record.

Individuals have the right to access and review their criminal history information. Law enforcement and other authorized state agencies can access criminal records for investigations, court proceedings, and employment within the state agency. Third-party access to criminal records is limited in Arizona. Private individuals and entities must obtain consent from the person named on the criminal record to access criminal history information.

How to Access Criminal Records in Arizona

The AZDPS is the record custodian for criminal records in Arizona and permits individuals to access their criminal history records through the following methods:

Mail Request

Record holders may contact the AZDPS Criminal History Record Section at (602) 223-2222 to request a Record Review Packet. The Record Review Packet contains instructions on how to complete the form, a fingerprint card, a contact information sheet, and a pre-addressed return envelope. Mail the completed packet with the fingerprints to:

In-Person Request

Requesters may visit the AZDPS Criminal History Records Section during business hours to request their criminal records. The record custodian will furnish requesters with the Record Review Packet. Record holders may complete the packet at the AZDPS office and have their fingerprints taken by qualified persons. Submit the completed packet and fingerprint card. In-person requests for criminal records are at:

Currently, Arizona does not offer online requests and access to criminal records. Also, there are no fees for obtaining one's criminal history record. The criminal history record is mailed to the requester within 15 days of receipt of the completed Record Review Packet.

In Arizona, third-party access to comprehensive criminal records is restricted. Obtaining someone else's criminal records requires their consent and legal authorization through court order. However, members of the public may access other specific types of criminal records. The Arizona Courts website offers a public access search function for court records. The police department provides access to police reports and arrest records within their jurisdiction. The ADCRR allows the public to conduct Inmate record searches for persons currently in Arizona prisons. Lastly, the AZDPS maintains a public sex offender registry for information about registered sex offenders in Arizona.

What is Considered a Felony in Arizona?

Felonies in Arizona are the most grievous type of criminal offense. Felonies may carry significant prison sentences and hefty fines and have lasting consequences. Section 13-601 of Arizona Revised Statutes classifies felony offenses into 6 classes with Class 1 being the most serious and Class 6 being the least grievous of felony offenses.

Class 1 Felonies

They are the most serious criminal offenses, usually involving violence or serious harm

• First Degree Murder: The premeditated and intentional killing of a person
• Second Degree Murder: Killing without premeditation but with intent to cause death or serious harm
• Capital Offenses: Crimes that can result in the death penalty or life imprisonment

Class 2 Felonies

They also involve serious crimes but are slightly less severe than Class 1 felonies

• Manslaughter: Recklessly causing the death of another person
• Drug Trafficking: Manufacturing, transporting, or selling large quantities of a controlled substance
• Kidnapping: Abducting someone against their will with intent to inflict harm or demand a ransom

Class 3 Felonies

Class 3 felonies involve significant damages and drug-related crimes

• Property Theft: Stealing or unlawfully obtaining property or service valued between $4,000 and $25,000
• Aggravated Assault: Causing physical injury or using a weapon during an assault
• Aggravated DUI: Driving under the influence with a suspended license, with a child in the vehicle, or the 3rd DUI offense within 84 months

Class 4 Felonies

They are less severe than Class 1-3 felonies but still carry serious consequences

• Forgery: Falsely making or altering a written document or instrument with the intent to defraud someone
• Property Theft: Stealing of property or unlawful obtaining of services valued between $1,000 and $4,000
• Perjury: Lying under oath during a legal proceeding

Class 5 Felonies

They are the least severe offenses under felonies and may sometimes be on the same class and high-level misdemeanors

• Credit Card Theft: Stealing a credit card or obtaining a credit card with intent to use it fraudulently
• Aggravated Assault on a Peace Officer: Assaulting a peace officer while carrying out their official duties
• Insurance Fraud: Making false claims to obtain insurance benefits

Class 6 Felonies

They are the least serious class of felonies

• Reckless Endangerment: Creating a substantial risk or physical injury to another person
• Trespassing in the First Degree: Entering and remaining unlawfully on a residential structure
• Property Theft: Stealing property or service valued at $1,000 to $2,000

Penalties For Arizona Felonies

The penalties for felonies in Arizona vary depending on the class of the felony, the nature of the crime, and the offender's criminal history. Sections 13.702 and 13.703 outline the penalties for first-time offenders and repeat offenders. Arizona establishes the penalty framework based on presumptive, minimum, maximum, aggravated, and mitigated sentences for each class of felony.

Class 1 Felonies

• First Degree Murder: Punishable by death, life imprisonment without the possibility of parole, life imprisonment with the possibility of parole after 25 years
• Second-Degree Murder: 10 to 25 years jail term for first-time offenders and life imprisonment for repeat offenders

Class 2 Felonies

First-time offenders 7 to 21 years and 14 to 28 years incarceration period for repeat offenders

Class 3 Felonies

5 to 15 years jail term for first-time offenders and 10 to 20 years for repeat dangerous offense

Class 4 Felonies

The penalty is a jail sentence between 4 to 8 years for a first-time offense and up to 12 years for repeat offenders

Class 5 Felonies

A Class 5 felony crime attracts a prison sentence of over 2 years but not exceeding 4 years for a first-time offense. Repeat offender gets up to 6 years in prison

Class 6 Felonies

Class 6 felony offenders get a maximum of 3 years in jail and a maximum of 4 and a half years maximum sentence for repeat offense

What is a Misdemeanor in Arizona?

A misdemeanor is a criminal offense in Arizona that is less serious than a felony and punishable by less severe penalties. Misdemeanors in Arizona do not result in loss of civil rights such as owning a firearm or voting. Section 13.601 of the ARS classifies misdemeanors into 3 categories. Class 1 is the most serious, while Class 3 is the least grievous of criminal misdemeanor offenses.

Class 1 Misdemeanor

• DUI: Driving under the influence of alcohol for the first time
• Assault: Intentionally or recklessly causing physical injury to another person
• Theft: Stealing property valued less than $1,000

Class 2 Misdemeanor

• Reckless Driving: Driving with wilful disregard for the safety of persons or property
• Harassment: Engaging in a course of conduct that harasses or intimidates another person
• Criminal Damage: Recklessly defacing or damaging property valued between $250 and $1,000

Class 3 Misdemeanor

• Loitering: Remaining in a public place for the purpose of soliciting sex, drugs, or other illegal activities
• Petty Theft: Stealing items of low value from a retail store
• Criminal Speeding: Exceeding the speeding limit in a business or residential district

Penalties for Arizona Misdemeanors

Section 13.707 of the ARS outlines the penalties for misdemeanor criminal offenses in the state. The penalties vary depending on the class of misdemeanor and the offender's criminal history.

• Class 1 Misdemeanor: Jail term up to six months, fines not exceeding $2,500. Probation, community service, and mandatory counseling for first- time offender
• Class 2 Misdemeanor: Incarceration up to 4 months with fines not exceeding $750. The court may mandate community service and probation
• Class 3 Misdemeanor: Offenders get up to 30 days in prison with fines up to $500. There is a possibility of probation and community service

How Long Does an Arizona Criminal Record Stay In a Background Report?

A person's criminal record generally remains on their background report permanently in Arizona, as the state has no provision for the expungement of criminal records. Nonetheless, Arizona has a process called "Set Aside", which can provide some relief. Felony conviction stays on an individual's criminal record permanently and will show up on background checks unless it is set aside, like misdemeanor convictions. They remain on the criminal record indefinitely.

Certain offenses cannot be sealed or set aside in Arizona. Crimes involving the intentional or wilful infliction of serious physical injury or the use of a deadly weapon to commit the crime cannot be set aside. Offenses requiring the individual to register as a sex offender cannot be sealed or set aside. All crimes against minors cannot be sealed or set aside.

Sealing and Expungement of Criminal Records in Arizona

Sealing criminal records hides the record from public view. Sealed criminal records are inaccessible to the general public and will not show on background checks, although certain agencies may still access the documents. Expunging is erasing or destroying the criminal record as if it never occurred.

Arizona's sealing and expungement of criminal records differs from other states. Arizona does not offer expungement of criminal records. Instead, it provides a process called "set aside".

Section 13-905 of the ARS allows individuals to request their conviction be set aside after completing their sentence, probation, or payment of fines. When a conviction is set aside, the court orders the judgment of guilty vacated, the plea set aside, and the accusations dismissed. Setting aside a criminal record does not erase or expunge it. Instead, it indicates that the individual has been rehabilitated. Most misdemeanor offenses in Arizona can be set aside. Arizona does not provide a "certificate of actual innocence that declares the holder's record innocent of the charges, leading to the destruction of the criminal record.

While the state does not offer traditional expungement for criminal records, it does offer the set-aside alternative. However, even after a criminal record is sealed or set aside in Arizona, some agencies may still access the records. Law enforcement agencies can access sealed or set aside records for investigative and law enforcement purposes. The courts also access sealed or set aside records for judicial proceedings. Certain employers and licensing boards may access sealed records to conduct background checks.