How Long Does Domestic Violence Stay on Your Record in Arizona?

A domestic violence conviction can be a life-altering event in Arizona. Even a first-time misdemeanor conviction can cast a long shadow over your future, adversely affecting employment, housing, gun rights, family relationships, and your reputation. One of the most important concerns for individuals facing such charges is whether these charges ever “go away” and if there is a way to clear a domestic violence record. 

In Arizona, the answer is complex and depends on whether you were convicted, the nature of the offense, and whether any legal remedies such as set-asides or sealing are available. If you or someone you love has been charged with this serious offense or is facing a conviction, you should hire an experienced Arizona domestic violence attorney to defend against the charges or pursue your best possible legal options.

A Domestic Violence Conviction in Arizona Stays on Your Record for Life

In Arizona, there is no automatic expungement of domestic violence charges that lead to criminal convictions. A domestic violence conviction, whether misdemeanor or felony, will remain on your record indefinitely unless proactive legal steps are taken.

Even a charge that was ultimately dismissed or resulted in a not guilty verdict can still appear in background checks unless sealed. The reality is that:

• Arrest records exist regardless of the outcome
• Court records are public unless sealed
• Convictions remain unless formally set aside or sealed 

Employers, landlords, licensing boards, and immigration authorities can access these records through various background checks.

What Happens If You Are Not Convicted?

If you were arrested or charged with a domestic violence offense in Arizona but not convicted, whether because the charges were dismissed, dropped by the prosecutor, or you were acquitted at trial, then the question becomes: Can you remove the record of the arrest or charge?

Record Sealing for Non-Convictions in Arizona

Thanks to Arizona’s updated record sealing law effective January 1, 2023, individuals who were not convicted of a crime may now petition the court to seal their criminal records under A.R.S. §13-911.

Eligibility to Seal a Domestic Violence Record

You may apply to seal your record if:

• The domestic violence charge was dismissed with prejudice
• You were found not guilty at trial
• You completed diversion or deferred prosecution and the case was dismissed
• The prosecutor declined to file charges after arrest

Once sealed, the record is no longer visible to most employers, landlords, or the general public. However, law enforcement and some government agencies (such as for professional licensing) may still access sealed records.

Waiting Periods

The law in Arizona requires the following waiting periods before you can petition to seal your record:

• Immediately if no charges were filed
• 2 years after dismissal or acquittal of a misdemeanor
• 3 years after dismissal or acquittal of a felony

Note: These time frames apply only if you were not convicted.

What If You Were Convicted? Set-Asides and Record Sealing for Convictions in Arizona

If you were convicted of a domestic violence offense in Arizona (misdemeanor or felony), then sealing is generally not available (with rare exceptions). But you may qualify for a set-aside under A.R.S. §13-905, which offers some legal and reputational relief.

What Is a Set-Aside?

A set-aside is a post-conviction remedy that does not erase or seal a conviction, but instead changes the record to show that the conviction has been set aside and that you have been released from all penalties and disabilities resulting from the offense, with some exceptions.

When granted, the conviction still appears on your record, but the record reflects that it has been set aside. This can significantly help with job applications, housing, and other collateral consequences.

Who Is Eligible for a Set-Aside?

In Arizona, you may apply for a set-aside after completing all terms of your domestic violence criminal sentence, including:

• Prison time
• Probation
• Counseling (e.g., domestic violence classes)
• Payment of all fines, restitution, and fees

Crimes Not Eligible for Set-Aside

In Arizona, you cannot obtain a set-aside for certain serious offenses involving victims or dangerous conduct, including:

• Offenses involving the infliction of serious physical injury
• Crimes involving the use of a deadly weapon
• Offenses where the victim is under 15 years old
• Sexual offenses

Some domestic violence convictions involving serious injury or weapons may be excluded from set-aside eligibility in Arizona.

Benefits and Limitations of a Set-Aside

Pros:

• Shows proactive rehabilitation
• May restore civil rights (excluding firearms)
• Improves employment and housing prospects

Cons:

• Does not remove the conviction from public view
• Does not restore gun rights if the DV conviction was a disqualifier
• May have a limited effect for immigration or licensing purposes

Federal Firearm Restrictions and Domestic Violence in Arizona

One of the significant collateral consequences of a domestic violence conviction in Arizona especially for first-time offenders is the loss of firearm rights under federal law.

Lautenberg Amendment (18 U.S.C. §922(g)(9))

Under federal law, it is illegal for any person convicted of a misdemeanor crime of domestic violence to possess, own, or purchase firearms or ammunition. This lifetime ban applies even if:

• The offense was a misdemeanor, not a felony
• The conviction is years old
• Your rights were restored at the state level
• You received a set-aside in Arizona

The only remedy that removes the federal gun ban is a pardon or a vacated conviction, neither of which are available under Arizona’s standard set-aside laws.

Law Enforcement and Military

This federal restriction has devastating effects for military members, law enforcement officers, and others whose careers require firearm possession. One domestic violence conviction, no matter how minor, can end a career permanently.

Juvenile Domestic Violence Records

If a person is under 18 and adjudicated for a domestic violence offense in juvenile court, the rules differ. Juvenile records are generally confidential but not automatically sealed.

Sealing Juvenile Records

Under A.R.S. §8-349, a person can apply to seal juvenile records in Arizona once they:

• Reach age 18 or are discharged from juvenile court jurisdiction
• Have completed all sentence requirements
• Have no adult felony convictions or pending charges

Once sealed, juvenile records are no longer accessible to the public or most government agencies.

Employment and Housing Consequences in Arizona

Domestic violence charges in Arizona, even those that are dismissed, can appear on background checks and impact:

• Employment screening
• Professional licensing (medical, legal, financial, security)
• Public housing eligibility
• College admissions
• Child custody and family law proceedings

Some employers use national databases that collect records from court systems across the country, meaning even dismissed charges may raise red flags if not sealed or addressed.

Steps Our Arizona Domestic Violence Attorneys Will Take to Get Your Record Sealed

At the Law Office of Hernandez | Hamilton | Lamoureux P.C., we understand that even an arrest for domestic violence without a conviction can carry serious consequences. Arizona law now provides a path to seal eligible records under A.R.S. § 13-911, and our dedicated and knowledgeable criminal defense lawyers are prepared to take aggressive, strategic steps to help clear your name:

1. Comprehensive Case Review: We begin by evaluating your full criminal history, case outcome, and eligibility under the new sealing statute. This includes reviewing whether charges were dismissed, dropped, diverted, or resolved with a not-guilty verdict.
2. Waiting Period Assessment: Our legal defense team will confirm the applicable waiting period (whether immediate or after two to three years), depending on how your case concluded.
3. Petition Preparation: We draft and file a detailed petition with the appropriate Arizona court, clearly outlining your eligibility and justifying why sealing your record serves the interests of justice. We include supporting documentation and legal arguments appropriate to your circumstances.
4. Representation at Hearing: If the court sets a hearing, we appear on your behalf and advocate for sealing by demonstrating your rehabilitation, lack of further offenses, and the harm continued access to your record could cause.
5. Post-Order Guidance: Once the record is sealed, our attorneys will guide you through how to legally respond to questions about your criminal record and monitor compliance by public agencies.

You only get one reputation, and our seasoned Arizona domestic violence defense lawyers are determined to pursue every possible legal avenue to protect it. Reach out to us today and take the first step toward a clean slate.

Get Our Arizona Domestic Violence Attorneys on Your Side

The consequences in terms of domestic violence record duration, especially after a conviction, can last a lifetime in Arizona. While remedies exist in certain cases, such as set-asides or record sealing, none of them erase the past completely. That is why your best opportunity to protect your record is to fight the charge aggressively from the outset in Arizona.

At the Law Office of Hernandez | Hamilton | Lamoureux P.C., we understand the legal, personal, and professional stakes involved. Our experienced Arizona domestic violence defense lawyers are well-versed in the nuances of state law and will ensure that no detail is overlooked in the fight to protect your future.

If you have been charged with domestic violence, whether it is your first offense or you are exploring post-conviction relief, reach out to our skilled Arizona criminal defense attorneys as soon as possible. To schedule your free consultation, call us 24/7 at 520-882-8823 or contact us online. 

.

Back to Blog