Expungement Petition

ARIZONA CRIMINAL CASE-RECORD SEALING PREPARATION WORKSHEET

A.R.S. § 13-911 — Use Current Statewide Form AOCCRSL1F

DO NOT FILE THIS WORKSHEET AS THE PETITION.

Transfer the information to the current Petition to Seal Criminal Case
Records, form AOCCRSL1F-050825, and follow the filing court's local
instructions. Prepare a separate petition for each court case.

SEPARATE REMEDY WARNING: A.R.S. § 13-911 sealing is not the same remedy
as expungement under A.R.S. § 36-2862. If the requested relief is statutory
expungement under § 36-2862, use the court's separate expungement process and
do not combine that request with this § 13-911 worksheet.

1. SELECT THE § 13-911 ROUTE

Check one route for this case:

☐ Conviction: Petitioner was convicted and completed every term and condition
of the sentence, including all court-ordered monetary obligations and restitution.

☐ Dismissal or acquittal: Petitioner was charged, and the charge was dismissed
or resulted in a not-guilty verdict at trial.

☐ Arrest without charges: Petitioner was arrested, and no charge was filed.

Do not use this worksheet if none of these routes applies.

2. CHOOSE THE FILING COURT

Under A.R.S. § 13-911(C), file in the court that matches the disposition:

☐ Conviction — the court in which Petitioner was convicted.

☐ Dismissal, not-guilty verdict, or vacated conviction — the court where the
indictment, information, citation, or complaint was filed. If a complaint was
filed in justice court and a later information was filed, use superior court.

☐ No charges, but an initial appearance occurred — the court that conducted the
initial appearance.

☐ No charges and no initial appearance — superior court in the county of arrest.

Selected court: [________________________________]

County: [________________________________]

3. PETITIONER AND CASE INFORMATION

Complete every required field on the current official form.

If no charge was filed:

☐ Petitioner had an initial appearance in the selected filing court.

☐ Petitioner had no initial appearance.

4. CONVICTION WAITING-PERIOD AND COMPLETION SCREEN

Complete this section only for a conviction.

A. Nonmonetary Terms and Discharge

The waiting period runs from completion of the nonmonetary conditions of
probation or sentence and discharge by the court.

Date all nonmonetary conditions were completed: [__/__/____]

Date discharged by the court: [__/__/____]

Attach the available discharge record:

☐ Probation discharge order

☐ Arizona Department of Corrections absolute-discharge certificate

☐ Other official completion record: [________________________________]

B. Applicable Waiting Period — A.R.S. § 13-911(E)

☐ Class 2 or class 3 felony — 10 years

☐ Class 4, class 5, or class 6 felony — 5 years

☐ Class 1 misdemeanor — 3 years

☐ Class 2 or class 3 misdemeanor — 2 years

Applicable date on which the waiting period ended: [__/__/____]

C. Monetary Obligations

A conviction petitioner must have paid every court-ordered fine, fee, and
restitution amount at the time of filing.

☐ All fines are paid.

☐ All fees are paid.

☐ All restitution is paid.

Supporting payment record: [________________________________]

If any required amount remains unpaid, do not file under the conviction route.

5. OFFENSE-EXCLUSION SCREEN — A.R.S. § 13-911(O)

Confirm that the offense is not within any statutory exclusion:

☐ It is not a dangerous offense as defined in A.R.S. § 13-105.

☐ It is not a dangerous crime against children as defined in A.R.S. § 13-705.

☐ It is not a serious offense or violent or aggravated felony as defined in
A.R.S. § 13-706.

☐ It does not have as an element the discharge, use, or threatening exhibition
of a deadly weapon or dangerous instrument.

☐ It does not have as an element the knowing infliction of serious physical
injury on another person.

☐ It is not sex trafficking under A.R.S. § 13-1307.

☐ It is not a class 2, 3, 4, or 5 felony in Title 13, Chapter 14 or 35.1.

If any box cannot be checked, obtain legal review before filing.

6. PRIOR PETITIONS, PRIOR SEALING, AND PENDING CHARGES

A. Prior Petition in This Case

☐ No prior § 13-911 petition was filed in this case.

☐ A prior petition was filed on [__/__/____] and was:
☐ Granted ☐ Denied ☐ Dismissed

If the petition was denied, three years must pass from the denial date before a
new petition may be filed. A dismissal for insufficient information is distinct
from a denial; use the official instructions and order to identify the ruling.

B. Records Sealed in a Previous Case

☐ Petitioner has not previously had case records sealed under § 13-911.

☐ Petitioner previously had records sealed in case number [________________]
on [__/__/____].

If Petitioner committed a subsequent felony after prior sealing, the waiting
period for the subsequent felony is the applicable § 13-911(E) period plus five
additional years.

C. Other Convictions and Pending Charges

Convictions after the conviction addressed by this petition:

[____________________________________________________________]

☐ No charges are currently pending against Petitioner.

☐ Charges are pending. Provide the jurisdiction, charges, case number, and dates:

[____________________________________________________________]

For a petition based on an arrest without charges, A.R.S. § 13-911(N) may prevent
the court from ruling while a later charge is pending if that charge could affect
sealability or the filing date. The current form also directs the petitioner to
notify the court of new charges filed after the petition.

7. INFORMATION FOR THE COURT

The court must grant the petition only if sealing is in the best interests of
Petitioner and the public's safety. State concrete facts rather than conclusions.

Reasons supporting sealing:

[____________________________________________________________]

[____________________________________________________________]

Rehabilitation, education, treatment, employment, housing, family, community,
or other relevant information:

[____________________________________________________________]

[____________________________________________________________]

Other information the court should consider:

[____________________________________________________________]

8. HEARING AND COURT PROCESS

Hearing request:

☐ Petitioner requests a hearing.

☐ Petitioner does not request a hearing.

The court ordinarily may not grant or deny a petition until 60 calendar days
after receipt unless the prosecutor and every victim who requested postconviction
notice advise that they do not object. The court may rule without a hearing unless
Petitioner, the prosecutor, or a victim requests one; the court may also set a
hearing. The court may dismiss a petition that does not satisfy the statutory
requirements.

The clerk, not Petitioner, provides the petition to the prosecutor. After
filing, the court requests a criminal-history report from the Arizona Department
of Public Safety. DPS may assess an investigation fee unless a statutory exemption
applies.

9. ATTACHMENT CHECKLIST

Attach copies, not original documents, as applicable:

☐ Judgment, sentencing minute entry, dismissal, acquittal, or other disposition

☐ Probation discharge order

☐ Arizona Department of Corrections absolute-discharge certificate

☐ Records showing payment of fines, fees, and restitution

☐ Documents supporting the information provided for the court's consideration

☐ Other pertinent record: [________________________________]

10. EFFECT AND LIMITS OF SEALING

If the petition is granted, the court orders the case records sealed and directs
the clerk to notify DPS and the prosecutor. DPS and the arresting and prosecuting
agencies then perform the duties assigned by A.R.S. § 13-911(I).

Sealing is not destruction of the records. The statute preserves specified uses
and access, including later criminal-justice uses and access by the persons and
entities listed in § 13-911(J). The statute also contains exceptions to when a
person may state that the person was never arrested, charged, or convicted.
Review § 13-911(B), (I), (J), and (P) before relying on a sealing order for any
employment, licensing, fingerprint-clearance, housing, financial, or disclosure
question.

The statute directs notice to DPS and the prosecutor; it does not direct the court
or Petitioner to send the order to commercial background-check companies.

11. FINAL FORM AND FILING CHECK

☐ Use current petition form AOCCRSL1F-050825 or any later version published
by the Arizona Judicial Branch or the filing court.

☐ Complete all fields marked as required on the official form.

☐ Use the case caption exactly as it appears in the court record.

☐ Check the official form's Amended box if submitting an amended petition.

☐ Sign and date the official form under penalty of perjury. The statewide form
does not require notarization.

☐ Keep copies of the filed petition and attachments.

☐ Follow the clerk's filing method and any local administrative instructions.

☐ Do not separately serve the prosecutor unless the filing court directs it;
A.R.S. § 13-911(D) assigns delivery of the petition to the clerk.

SOURCES AND REFERENCES

• Arizona Legislature, A.R.S. § 13-911
• Arizona Judicial Branch, Completing the Petition to Seal Criminal Case Records
• Arizona Supreme Court forms packet, Instructions, Petition, and Order — AOCCRSL1I/AOCCRSL1F/AOCCRSL2F-050825
• Arizona Legislature, A.R.S. § 36-2862 — separate statutory expungement route; not combined with this worksheet