Arizona Arrest Records

When a resident or citizen commits an offense in Arizona, it often leads to their arrest. Persons arrested by the police may be detained at a local jail for their court appearance, released on Own Recognizance or OR (without bail after signing a written promise to appear), released on bail, or released without charges. Either way, their arrest prompts the creation of an arrest record.

Arizona arrest records provide information about incidents that resulted in an arrest within the state's jurisdiction. These records contain the arrestee's name, sex, race, hair and eye colors, height and weight, occupation, and charges. One can also find the arresting agency, arrest timestamp (date and time), arrest location and type, arrest number, and the arresting officer's serial number or name.

In Arizona, arrest records are maintained by criminal justice agencies, such as a local sheriff's department or police department and the Arizona Department of Public Safety.

Are Arrest Records Public in Arizona?

Yes. The public can view arrest information under the Arizona Public Records Law (codified in ARS §§ 39-101 to -171). Under the law, members of the public can access, inspect or copy all work-related records prepared or preserved by public agencies, including law enforcement agencies. Records created due to an arrest constitute documents generated from the execution of a police agency's official business.

However, the Arizona Public Records Law and other applicable federal/state confidentiality laws exempt certain records, or portions of records, from public disclosure. For example, criminal history records (compiled arrest and disposition information for a particular individual) are not public records in Arizona. Also, sealed and juvenile arrest records are generally closed to the public. (Note: A juvenile record may be disclosed if the arrestee was charged with a felony or tried as an adult.)

How Do I Look Up Arrest Records in Arizona?

An Arizona law enforcement agency's public records unit or department can provide information about arrests made within its jurisdiction per ARS § 39-121. People who require arrest records in Arizona may submit a written request (containing as much information as possible to identify the record) to the applicable agency. A records request form may be provided on the agency's official website. Alternatively, an inquirer may visit the police department's front desk or lobby during regular business hours to request the records.

Police agencies charge varying fees to obtain a record's copy, each with unique response timeframes. Some agencies also provide an online records request portal to the public for convenience in accessing open arrest records.

It is important to note that personal criminal history records, previously explained as the notarized report of an individual's criminal activity (including arrests), are restricted to authorized persons/agencies in Arizona. If requesting the records from a local police agency, the corresponding report will only cover the agency's jurisdiction. Usually, a valid photo identification, a completed written request form, and a fee (often from $5 upwards) are required for these local searches. However, if requesting the record from the Arizona Department of Safety (AZDPS) or Federal Bureau of Investigation (FBI), it will cover a statewide and nationwide check, respectively.

Record subjects can learn how to request their statewide criminal history records from the Arizona Department of Safety by contacting the agency's Criminal History Records Section at (602) 223-2222. They may also review the DPS Record Requests page for request forms and instructions. There is no fee to obtain one's criminal history report.

On the other hand, persons requesting their complete record of arrests and dispositions from the FBI, known as an Identity History Summary, must pay an $18 fee per request. Copies of FBI arrest records are only available to the subjects of records. The FBI's Identification Record site has more information about these requests and the relevant forms for submission.

Free Arrest Record Search in Arizona

A feature available on several local law enforcement websites in the US is a search engine or roster that members of the public can use to look up recent arrest information for free. (Note: these portals do not provide an individual's consolidated arrest records.) However, law enforcement departments in Arizona rarely maintain such online tools. Instead, members of the public are advised to make direct requests for arrest records or reports. This will require confirming the location or address of the arresting agency and scheduling an in-person appointment.

Still, it is worth mentioning that some police agencies publish press releases or informational bulletins (sometimes called "daily bulletins") on their websites, which may carry pertinent details about their latest arrest activities. For example, police departments in the Town of Paradise Valley, the City of Douglas, and the City of Lake Havasu all maintain crime bulletins accessible to the public at no cost.

How Long Do Arrests Stay on Your Record in Arizona?

Forever. The Arizona statutes do not impose a singular timeframe for the retention or purging of arrest records. Arrests remain on a subject's record until the individual obtains a sealing or expungement order from a criminal court of jurisdiction. However, it is worth noting that arrest records alone are rarely used as a means of establishing criminal involvement or the subject's guilt.

How to Seal Arrest Record in Arizona

Individuals can seal their arrest records in Arizona by filing a Petition to Seal Criminal Case Records under ARS § 13-911 in the court in which a case started. The Arizona Judiciary defines a case record as all records about a person's arrest, conviction, and sentencing for a particular offense. Below are the applicable court levels to file a petition to seal in Arizona:

• For petitioners who had no charges filed but appeared in court, the Petition to Seal Criminal Case Records must be filed in the court where the initial appearance occurred.
• Regarding persons who were arrested but had no initial appearance or charges filed, the petition should be filed in the superior court in the county of arrest.
• Individuals who had their charges dismissed, were found not guilty, or had their conviction vacated should file in the court where the charges were brought. (Except that the complaint was filed in a justice court and transferred to the superior court, in which case filing should occur in the superior court.)
• Finally, persons convicted of an eligible offense (indicated in the petition) must file in the court of conviction.

A Petition to Seal Criminal Case Records can only be filed for one eligible offense so long as the petitioner has not been denied a petition to seal in the last 3 years and meets other eligibility and filing criteria. Note that unless the court consolidated the applicable cases up for sealing, persons having multiple arrests must file separate petitions for each one.

There is no fee for filing a Petition to Seal Criminal Case Records in Arizona. Further, a court hearing is not required unless the petitioner, prosecutor, or victim requests it, or the court moves to schedule a hearing. Generally, it takes at least 30 days for the court to grant or deny a petition to seal.

A person who successfully seals their arrest record in Arizona will be able to say that they have never been arrested for, charged with, or convicted of the related offense on a loan, job, financial aid, or housing application, with some exceptions. According to ARS § 13-911(I)(5), the owner of a sealed arrest record in Arizona cannot respond "no" to questions about a related arrest if submitting an application that requires a fingerprint clearance card, if the disclosure is required by federal or state law, or if applying for a position with a law enforcement agency, prosecutor's office, probation department, or court, among others.

However, sealing does not imply that the court permanently erases the record. The sealed record will still be available to select parties, such as a record holder, attorney of record, victim in the case, law enforcement agency, prosecuting agency, probation department, court clerk, the Department of Child Safety, and an Arizona correctional facility.

Arizona law also mandates the disclosure of a sealed arrest record in the following circumstances:

• To intensify the sentence for a subsequent felony;
• When the record is alleged as an offense's element;
• To enhance the sentence for DUI offenses;
• When the record is admissible for impeaching a party or witness in a subsequent trial.

The authority to seal case records (or have them removed) in Arizona under ARS § 13-911 does not cover case records in the Court of Appeals or Supreme Court.