In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.
Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.
And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.
Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.
In Arizona, criminal records, including arrests, convictions, and other proceedings, are generally public. However, Arizona law does provide mechanisms for expungement (known as 'setting aside' a conviction) under certain conditions, as outlined in Arizona Revised Statutes § 13-905. This allows individuals with certain types of convictions to have their conviction set aside, which can offer relief from some of the collateral consequences of a criminal record. If a record is sealed, it is generally not accessible to private parties, but may still be accessed by government agencies. Certain records, such as juvenile records, are not typically available to the public. Additionally, Arizona law allows judges to seal documents or close hearings in specific situations to protect individuals or sensitive information. The reasons for sealing records can include protecting victims or witnesses, safeguarding ongoing investigations, ensuring a defendant's due process rights, or maintaining national security. The specific statutes and rules governing the sealing or nondisclosure of criminal records in Arizona can be found within the state's statutes and are subject to the discretion of the courts.