Background Check Reality

How Sealed Arizona Records Show Up On Background Checks (Or Don't)

Sealing under A.R.S. § 13-911 hides records from public view — but the rules vary depending on who's running the check. Here's what each type of background check sees.

What § 13-911 sealing actually hides

A sealed record is removed from:

• Standard public records databases
• Most commercial background-check services
• Court public access portals (the case file becomes restricted)
• Most employer background checks for non-licensed positions

What sealing does NOT hide

Sealed records remain accessible to:

• Law enforcement. Police, sheriffs, prosecutors, and state and federal law enforcement agencies retain full access.
• The courts. Sealed cases can be accessed for sentencing in subsequent prosecutions, though they're less commonly used as priors.
• AZPOST. The Arizona Peace Officer Standards & Training board sees sealed records when evaluating police certification applications.
• FBI databases. Federal records (NCIC, III) are not affected by state sealing.
• DCS / DDD / school employment. Background checks for jobs working with children, vulnerable adults, or in school settings may still surface sealed records.
• Some occupational licensing. Nursing boards, real estate licensing, security guard certification, and other regulated professions may have access depending on the specific authority.
• Federal immigration. ICE, USCIS, and other federal immigration authorities are not bound by state sealing for immigration purposes.

The "what employer is asking" rule

For most employment decisions, sealing means the record won't appear. Section 13-911(O)(1) explicitly authorizes petitioners to deny existence of a sealed conviction on most applications.

Important exceptions exist for:

• Working with vulnerable populations (children, elderly, disabled)
• Federal employment requiring security clearance
• Law enforcement employment
• Some state-licensed professional positions

For these excepted contexts, the employer or licensing board may still see and consider the sealed record. The candidate may be required to disclose under specific legal authority even after sealing.

Self-disclosure best practice

Even when sealing legally permits denial, some petitioners choose to disclose voluntarily — for example, in interviews where the topic comes up organically. Whether to do so is a personal judgment based on the role, the relationship, and the specific facts.

The post-2024 reality

After SB 1639 (effective September 2024), more Arizonans qualify for sealing than before. Many employers running background checks in 2026+ will see fewer historical convictions on their reports. This is by legislative design — Arizona deliberately expanded sealing to reduce the lifetime collateral consequences of conviction.

If you're considering sealing your own record, see our Arizona Record Sealing Guide. If you're an employer evaluating candidates, recognize that the absence of a record on a background check increasingly reflects court-granted relief, not bad data.