Arizona Public Records

How the Arizona Public Records Law works

Arizona's Public Records Law (A.R.S. § 39-121 and following) opens public records held by any officer to inspection by any person during office hours. Any person may ask to examine records, get copies, or have copies mailed, and states at the time of the request whether the use is commercial (§ 39-121.01(D)).

Deadline: the law sets no number of days. The custodian must promptly furnish copies, and access is deemed denied if the custodian fails to respond promptly (§ 39-121.01(D) and (E)). Unless the office has an online portal that confirms receipt, it must acknowledge a request within five business days (§ 39-171).

Fees: the custodian may charge a fee for copies. Copies for claims for federal benefits and police reports for victims of part I crimes are free (§ 39-122 and 39-127). Commercial requests need a statement of purpose and may be charged part of the cost of the records, the cost of producing them and their commercial value (§ 39-121.03).

Appeals: a person denied access may bring a special action in superior court; the statute sets no filing deadline of its own. The court may award attorney fees to a requester who substantially prevails (§ 39-121.02). The Ombudsman-Citizens' Aide investigates public access complaints about state agencies (§ 41-1376.01).

What you cannot get in Arizona

• State criminal history: the DPS Central State Repository may share it only with the agencies and people listed in A.R.S. § 41-1750(G). DPS cannot run checks for private citizens or private employers.
• Sealed case records: once a court seals them, the clerk may give them only to the people and agencies listed in § 13-911(J).
• Juvenile records: adoption, severance and dependency records are not open to public inspection (§ 8-208(F)), and records destroyed under § 8-349 are gone.
• Birth and death certificates: certified copies go only to people eligible under Department of Health Services rules, and never with the medical portion (§ 36-324).
• Home addresses and phone numbers of peace officers and other eligible persons in personnel files are withheld unless the person consents or there is no reasonable risk of harm (§ 39-123).

Sealing, set aside and expungement in Arizona

Sealing (A.R.S. § 13-911): a person may petition to seal the records of a conviction after finishing the sentence, or of a charge that was dismissed, ended in a not guilty verdict or was never filed. After the nonmonetary terms of the sentence are done, the waiting periods are 10 years for a class 2 or 3 felony, 5 years for a class 4, 5 or 6 felony, 3 years for a class 1 misdemeanor, 2 years for a class 2 or 3 misdemeanor, and none for a petty offense. All fines, fees and restitution must be paid. Dangerous offenses, dangerous crimes against children, serious or violent offenses, sex trafficking and the other offenses listed in § 13-911(O) cannot be sealed. File in the court that handled the case (§ 13-911(C)).

Set aside (§ 13-905): after finishing probation or sentence, a person may apply to the sentencing court to set aside the judgment of guilt. There is no filing fee. DPS adds a note to the record but does not remove it.

Marijuana expungement (§ 36-2862): arrests, charges and convictions for possessing up to two and one half ounces, growing up to six plants at home, or related paraphernalia, for conduct before the law took effect, can be expunged by petition to the court. The court grants the petition unless the prosecutor proves by clear and convincing evidence that the person is not eligible.

Juvenile records can be destroyed on application to the juvenile court at 18 or older, or at 25 for some cases, under the conditions in § 8-349; the clerk charges no filing fee.

How to get your own Arizona criminal record

The Arizona Department of Public Safety Central State Repository keeps Arizona criminal history. The person named in a record may review it for accuracy and completeness (A.R.S. § 41-1750(G)(7)).

1. Start a record review online on the DPS Public Services Portal, or download the Record Review Packet from the DPS criminal history records page. DPS will also mail or email the packet: call (602) 223-2000, option 2, then option 3.
2. Have a full set of rolled fingerprints taken by an official at a law enforcement agency, on the FBI blue applicant card, with "RECORD REVIEW" as the reason fingerprinted.
3. Fill in the Record Review Contact Information Sheet. If a lawyer represents you, add a signed, notarized authorization letter on the firm's letterhead.
4. Mail the packet to the Arizona Department of Public Safety, Central State Repository Section, P.O. Box 18450, Mail Drop 3110, Phoenix, AZ 85005-8450.
5. DPS mails a copy of any Arizona record within 15 days of receiving the completed packet. Errors are corrected through the review and challenge process.

A national record comes from the FBI through its Identity History Summary request site.

Arizona record laws to know

• A.R.S. § 39-121 to 39-121.03: inspection and copies of public records, commercial requests and court action on a denial.
• A.R.S. § 39-171: every public body posts a records contact and acknowledges requests within five business days.
• A.R.S. § 41-1750: the DPS Central State Repository of criminal history and who may receive it.
• A.R.S. § 13-3827: the public sex offender website that DPS must keep.