PETITION FOR EXPUNGEMENT / SEALING OF CRIMINAL RECORD

(A.R.S. § 13-911 and, if marijuana-related, A.R.S. § 36-2862)

[// GUIDANCE: This template is drafted for use in Arizona Superior Court proceedings seeking to seal or expunge a criminal record. It is intentionally comprehensive so counsel may delete or modify any sections not required for a specific matter.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Continuing Obligations
6. Default & Remedies
7. Risk Allocation (N/A)
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Certificate of Service

1. DOCUMENT HEADER

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]

STATE OF ARIZONA, )
)
Plaintiff, )
) Case No. [CASE NO.]
v. )
) PETITION FOR EXPUNGEMENT /
[PETITIONER FULL LEGAL NAME], ) SEALING OF CRIMINAL RECORD
)
Defendant/Petitioner. )
A. Effective Date of Petition: [MM/DD/YYYY]
B. Governing Law: Arizona state expungement and sealing statutes, including A.R.S. § 13-911 (2023) and, if applicable, A.R.S. § 36-2862 (2023).
C. Jurisdiction & Venue: Proper in this Court pursuant to A.R.S. § 13-911(F) because the underlying criminal matter was adjudicated in this County.

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below:

1. “Applicable Sealing Statute” means A.R.S. § 13-911 or, for marijuana-related offenses qualifying under Proposition 207, A.R.S. § 36-2862.
2. “Completion of Sentence” means the later of (i) satisfaction of all terms of incarceration, probation, supervised release, and parole; and (ii) full payment of all restitution, fines, and court-ordered fees.
3. “Eligible Offense” means an offense described in A.R.S. § 13-911(B) or § 36-2862(A) that is not expressly excluded under those statutes.
4. “Waiting Period” means the statutory period measured from Completion of Sentence to the filing date of this Petition, as set forth in A.R.S. § 13-911(I).
5. “Sealed Record” means any arrest, conviction, and sentencing record ordered sealed pursuant to the Applicable Sealing Statute.
6. “Petitioner” means [PETITIONER FULL LEGAL NAME], the individual seeking statutory relief herein.

3. OPERATIVE PROVISIONS

3.1 Request for Relief.
Petitioner respectfully petitions this Court to enter an Order:
a. Sealing all records pertaining to the Eligible Offense described in Section 3.3;
b. Directing all agencies enumerated in Section 3.5 to comply with A.R.S. § 13-911(K) by (i) sealing the records in their custody, and (ii) responding to future inquiries as provided in A.R.S. § 13-911(L); and
c. Granting such other and further relief as the Court deems just and proper.

3.2 Statutory Eligibility.
Petitioner affirms under penalty of perjury and as further detailed in Section 4 that:
a. The offense is an Eligible Offense;
b. The applicable Waiting Period has been satisfied;
c. No criminal charges are presently pending against Petitioner; and
d. All restitution, fines, and fees have been paid in full.

3.3 Case Information.
• Offense: [STATUTE & TITLE OF OFFENSE]
• Classification: [FELONY/MISDEMEANOR, CLASS]
• Case Number: [CR-XXXX-YYYY]
• Date of Conviction/Disposition: [MM/DD/YYYY]
• Date of Completion of Sentence: [MM/DD/YYYY]
• Applicable Waiting Period: [#] years (per A.R.S. § 13-911(I)(2)([a-e]))
• Current Elapsed Period: [#] years, [#] months

3.4 Jurisdictional Statement.
Pursuant to A.R.S. § 13-911(F), the Superior Court that adjudicated the underlying matter retains jurisdiction to grant the requested relief.

3.5 Agencies to Receive Order.
[// GUIDANCE: Customize based on actual agencies involved.]
1. Arizona Department of Public Safety (“AZDPS”)
2. [COUNTY] Clerk of the Superior Court
3. [CITY] Police Department
4. [ARRESTING AGENCY]
5. Any third-party commercial background-check provider known to Petitioner, including:
a. [COMPANY NAME]
b. [COMPANY NAME]

3.6 Hearing Request.
Petitioner [CHECK ONE]:
☐ Waives oral argument unless an objection is filed; OR
☐ Requests a hearing pursuant to A.R.S. § 13-911(G).

3.7 Notice to Prosecutor.
Contemporaneously with filing, Petitioner will serve this Petition on the prosecuting agency identified in Section 11 in accordance with A.R.S. § 13-911(G).

4. REPRESENTATIONS & WARRANTIES

4.1 Truthfulness and Completeness.
Petitioner represents and warrants that all statements, facts, and documentation provided herein and in any attached exhibits are true, correct, and complete to the best of Petitioner’s knowledge and belief.

4.2 No Disqualifying Offenses.
Petitioner represents that the offense is not among the exclusions listed in A.R.S. § 13-911(Q) (e.g., sex trafficking, public sexual indecency involving a minor, offenses requiring sex-offender registration, etc.).

4.3 Compliance With Obligations.
Petitioner has fully complied with every term and condition of the sentence, including payment of all financial obligations, as evidenced by the attached Exhibit B (Proof of Payment).

4.4 Survival.
The representations and warranties set forth in this Section 4 shall survive any Order granted by this Court for purposes of enforcement or potential revocation under A.R.S. § 13-911(O).

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Duty to Notify.
Petitioner covenants to inform the Court within thirty (30) days of any material misstatement discovered after the entry of an Order.

5.2 Cooperation With Agencies.
Petitioner shall execute any additional documents reasonably required by agencies listed in Section 3.5 to effectuate the sealing of records.

6. DEFAULT & REMEDIES

6.1 Revocation for Misrepresentation.
If any material misrepresentation or omission by Petitioner is later discovered, the Court may, upon motion and notice, revoke the sealing Order pursuant to A.R.S. § 13-911(O).

6.2 Attorney Fees & Costs.
If the Court determines that this Petition was filed in bad faith, the Court may award reasonable attorney fees and costs to the respondent prosecutorial agency.

7. RISK ALLOCATION

[Not Applicable — No indemnification, liability caps, or insurance requirements pertain to this Petition.]

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Petition is governed exclusively by the laws of the State of Arizona.

8.2 Forum Selection.
Any dispute arising out of or relating to this Petition shall be resolved exclusively by the Arizona Superior Court that adjudicates this matter.

8.3 Arbitration & Jury Trial.
Arbitration is not available, and the right to jury trial does not apply to this statutory proceeding.

8.4 Injunctive Relief.
Petitioner reserves all rights to seek injunctive relief, including but not limited to enforcement of the sealing Order against non-complying agencies or entities.

9. GENERAL PROVISIONS

9.1 Amendments.
Petitioner may amend this Petition as a matter of right prior to the earlier of (i) the filing of a responsive pleading, or (ii) fourteen (14) days before any scheduled hearing. Thereafter, amendment requires leave of Court.

9.2 Severability.
If any provision of this Petition is held invalid or unenforceable, such invalidity shall not affect other provisions that can be given effect without the invalid portion, and to this end the provisions are severable.

9.3 Integration.
This Petition, together with all exhibits and any supplemental filings, constitutes the entire request for statutory relief and supersedes any prior submissions.

9.4 Electronic Signatures.
Pursuant to Arizona Supreme Court Rule 123 and A.R.S. § 44-7001 et seq., electronically filed signatures shall be treated as originals for all purposes.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[PETITIONER FULL LEGAL NAME]
Petitioner, Pro Se [OR] By Counsel

[ATTORNEY NAME], Esq. (AZ Bar No. __)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner
STATE OF ARIZONA )
) ss.
County of _______ )

Subscribed and sworn to (or affirmed) before me on this ___ day of ____, 20__, by [PETITIONER NAME].

Notary Public
My Commission Expires: _____

11. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, a true and correct copy of this Petition (with all exhibits) was served upon:

1. [COUNTY] County Attorney’s Office, Criminal Division
   Attn: [NAME], Assistant County Attorney
   [ADDRESS] | [EMAIL]

2. [Any additional required parties]

Service accomplished via:
☐ E-Filing / AZTurboCourt ☐ Certified U.S. Mail ☐ Hand Delivery ☐ Email

[NAME]

LIST OF ANTICIPATED EXHIBITS

[// GUIDANCE: Attach only those that apply; renumber as necessary.]

Exhibit A – Final Judgment / Disposition Order
Exhibit B – Proof of Payment of All Financial Obligations
Exhibit C – Certificate of Completion of Probation / Parole
Exhibit D – Character Reference Letters (if desired)
Exhibit E – Proposed Form of Order (conforming to Rule 5.1, Ariz. R. Crim. P.)

[// GUIDANCE: Prior to filing, review A.R.S. § 13-911 in detail to confirm current waiting periods and excluded offenses, and verify that local county practice (forms, filing fees, e-filing portal) is satisfied. Counsel should also confirm that the Superior Court Clerk’s office requires a separate Civil Cover Sheet and whether a filing fee waiver or deferral is appropriate for the client.]