Arrest, Dismissal, or Conviction?

How to Keep a Clean Record in Arizona

Landing a new job or apartment can be tough when a background-check company reports an old arrest—even if the charges were dismissed. Arizona law draws a sharp line between an arrest or charge and a conviction. Unfortunately, many private databases—and some hiring managers—ignore the distinction. Below is a quick guide to your options under ARS 13-4051 (notation of clearance) and Arizona’s quirky Class 6 “undesignated” felony rules.

1. Dismissed or Not-Guilty? You Have No Criminal Record—But the Arrest Still Shows Up

• Arizona only creates a “criminal record” after a conviction (guilty plea, no-contest plea, or jury verdict).
• Dismissals and acquittals leave you legally innocent—yet databases still display the arrest and charge.

2. Using ARS 13-4051 to Seal or Annotate a Wrongful Arrest

ARS 13-4051 lets an actually innocent person ask the court for:

• A formal notation that he or she was “wrongfully arrested, indicted, or charged.”
• An order barring police, prosecutors, or courts from releasing the records.
• Civil-damages liability against any agency that ignores the order.

Key point: “Wrongfully” means truly blameless (e.g., DUI blood test returns 0.00% BAC). A routine acquittal because the State failed to prove guilt beyond a reasonable doubt does not qualify.

3. The Class 6 Undesignated Felony Trap

Many first-time defendants plead to a “Class 6 undesignated felony.” After successful probation, the court may designate it a misdemeanor—but the change is not automatic. If you see “F-6” on your background check, one of two things probably happened:

1. The probation officer never filed the motion to convert it.
2. The judge signed an order, but the clerk never updated DPS or private databases.

Fixing an Undesignated Felony

• Ask your probation officer (in writing) to file the designation motion.
• Better: have a criminal-defense lawyer draft and file the motion directly, then follow up to ensure the record updates with DPS, NCIC, and private data brokers.

4. Practical Steps if Your Background Check Is Wrong

1. Get documentation: docket printouts, minute entries, dismissal orders, or the ARS 13-4051 clearance order.
2. Dispute inaccuracies with the reporting agency under the Fair Credit Reporting Act (they must correct within 30 days).
3. Review DPS & FBI files—request your own criminal-history record and fingerprint card.
4. Consult counsel for a motion to designate (Class 6) or to obtain an ARS 13-4051 order.

Need Help Cleaning Up Your Record in the East Valley?

Ted Law guides Tempe-area residents through record corrections, class-6 designations, clearance notations, and aggressive defense of new charges. Let us make sure old mistakes—or false accusations—don’t derail your future.

Call (602) 453-3100 or contact us online for a free confidential consultation. Phones answered 24 / 7.